ALHAJI ISIYAKU YAKUBU V. FEDERAL MORTGAGE BANK OF NIGERIA LIMITED

JUMMAI HANNATU SANKEY, J.C.A. (Delivering the Leading Judgment): This is an Appeal from the decision of the Adamawa State High Court of Justice in Suit No. GGSY/45/90 delivered on 20-12-99. Therein, the lower court gave Judgment dismissing the claim of the Appellant in its entirety.

Very briefly, the facts of the case are as follows: the Plaintiff, (hereinafter referred to as the Appellant), commenced this suit at the lower Court via a Writ of Summons filed on 17-08-90 seeking the following reliefs:

"(i) The sum of N230,000.00 being damages for breach of contract:-

PARTICULARS

(a) Loss of earnings on rent N200,000.00

(b) Cost of planks N20,000.00

(c) Repairs of cracks N10,000.00

(ii) A declaration that the Defendant being in breach of its obligations towards the Plaintiff is not entitled to charge any interest at all on the sums advanced to the Plaintiff.

(iii) In the alternative to (ii) above a declaration that the Defendant is not entitled to charge interest beyond the rate of 0% p…