Judgment
UWANI MUSA ABBA AJI, J.S.C. (Delivering the Leading Judgment): The Appellant was a customer of the Respondent with a current account at its Otukpo Road branch, Makurdi. On 21/9/1994, the Respondent granted an export financing credit facility in the sum of N6,000,000.00 to the Appellant. In all, the Respondent granted the Appellant the principal sum of N8.5 million, which interest rose to N15,073,341.00 as at 30/6/1998. Thus, the claim of the Respondent against the Appellant was N15,073,341.00 with 25% interest from 30/6/1998 till judgment and after judgment, when the whole sum is liquidated.
The Appellant however denied receipt of N8.5 million but only N7.5 million, which it over paid the Respondent, evidenced vide Exhibit 00. Under the condition of the grant of the credit facility, the proceeds of the foreign businesses whereof the facility was granted were to pass through the account of the Appellant, kept by the Respondent. The Appellant counter-claimed the sum of N26,170,370.00 and $161,604.39 from the Respondent or the sum of N42,333,009.74.
The Respondent fielded PW1 to PW3 as its witnesses with documents in proof of its case while the Appellant forwarded DW1, to prove its case. On 6/11/2002, the trial Court gave judgment in favour of the Respondent and dismissed the counter-claim of the Appellant. On appeal to the lower Court, the Appellant lost, hence this appeal. The Appellant has distilled these issues for the determination of the appeal: 1.
Whether the Court below acted without jurisdiction when it affirmed the judgment of the learned trial Judge which awarded the sum of N15,073,341.00 against the Appellant as principal sum and interest on an overdraft said to have been granted to the Appellant by the Respondent when the originating processes that initiated Suit No: MHC/124/98 were signed by law firms instead of legal practitioners as required by law. 2.
Did the Respondent prove its entitlement to the sum of N15,073,341.00 being the alleged principal overdraft and the interest thereon, having regard to the totality of the evidence on the printed record and was it the duty of the Appellant to prove that the Respondent granted her an overdraft of N8.5 million. 3. Did their lordships of the Courts below evaluate the evidence before them, before entering judgment for the Respondent in the sum of N15,073,341.00 being the alleged principal overdraft and interest thereon? 4.
