ALHAJI A. OLALEKAN V. WEMA BANK PLC

ONU JSC (Delivering the Lead Judgment): The plaintiff/appellant’s claims in the trial court as formulated in the statement of claim at page 33 paragraph 19 of the record are as follows:-

“1. Declaration that the failure or refusal of the defendant to pay the plaintiff the proceeds of the fixed deposit account covered by receipt No. 012825 of 27/1/92 which matured for payment on 27th January, 1993 amounts to a breach of contract. 2. Declaration that the defendant is liable to pay the plaintiff the principal sum plus interest thereon on the said deposit account up till the date of payment. 3. An order directing the defendant to pay the plaintiff forthwith the principal sum plus interest at the agreed rate up till the date of payment. 4. A further order directing the defendant to pay the plaintiff by way of damages enchanced interest on the principal sum at the rate of 8% per month less 17% per annum from 1st February, 1993 until the date of payment.” The trial court dismissed the cla…