EMMANUEL AKOMAYE AGIM, JCA (Delivering the Leading Judgment): On 28-11-1985, the appellant herein as plaintiff, filed a claim and caused the issuance of a writ of summons on the same day, commencing suit No 0/44/85 in the High Court of Anambra State at Onitsha against the respondent herein and Central Bank of Nigeria as defendants.
The suit was tried on the following pleadings 2nd amended statement claim filed on 8-8-2007 accompanied by list of witnesses, depositions of witnesses, list of documents and the documents to be relied on at the trial and the further, further amended statement of defence of the 1st defendant filed on 22-11-2007 accompanied by list of witnesses, witness depositions, list of documents, and document to be relied on at the trial.
The plaintiff applied for the withdrawal of the suit against the Central Bank of Nigeria and its name was struck out as defendant in the suit by the trial Court.
The reliefs claimed for by the plaintiff are stated in paragraph 41 of the 2n…