SURE POWER NIGERIA LIMITED & ANOR V. FIRST BANK OF NIGERIA PLC

SAMUEL CHUKWUDUMEBI OSEJI, J.C.A.(Delivering the Leading Judgment): This is an appeal against the Ruling of the High Court of Delta State, Warri Judicial Division, delivered by A.A. Onojovwo J., on the 31st day of May, 2016.

The Appellants herein were the claimant in the trial Court while the Respondent was the defendant. The Appellants had in paragraph 44 of the Amended statement of claim filed on 19/6/2015 claimed against the Respondent as follows:

a. AN ORDER that the excessive charges of the sum of N1,652,910.44 (one million, six hundred and fifty two thousand, nine hundred and ten naira) on Claimants loan account No. 2010002139 is arbitrary, illegal and contrary to the terms of loan agreement between 1st Claimant and Defendant and is a product of wrong calculation.

b. An order compelling Defendant to allow 1st Claimants auditors to jointly carry out with Defendant a comprehensive audit and/or reconciliation of Defendants account to ascertain the amount actually owed by 1st Claimant …