STANDARD TRUST BANK LTD. V. INTERDRILL NIGERIA LTD. & ANOR.

PIUS OLAYIWOLA ADEREMI, J.C.A. (Delivered the Leading Judgment): This is an appeal against the judgment delivered on 5th December 2003 in the High Court of Justice, Delta State, Warri Judicial Division in suit No. W/76/2001: Standard Trust Bank Ltd v. Interdrill Nigeria Limited and Joseph Bogwu in which the trial judge dismissed the Plaintiff's case in toto. The plaintiff (hereinafter referred to as the appellant) had by a Writ of summons marked by the plaintiff/appellant "UNDEFENDED LIST" claimed against the defendants (hereinafter referred to as the respondents) jointly and severally as follows:

"1. The sum of N17,835,802.67 (Seventeen Million Eight Hundred and Thirty-Five Thousand, Eight Hundred and Two Naira Sixty- Seven Kobo) being the outstanding debit balance in the first defendant's account with the plaintiff as at 2nd February, 2001 which sum is due to the plaintiff from an overdraft facility granted to the first defendant at the first defendant's request and guarantee by the…