Judgment
STEPHEN JONAH ADAH, J.C.A. (Delivering the Leading Judgment) : This is an appeal against the judgment of the High Court of Niger State, sitting in Minna, delivered on the 19th October, 2004, in Suit No. NSHC/22/1991.
The respondent as claimant instituted this action at the trial Court and claimed against the appellant as defendant all the sundry reliefs as per the Statement of Claim, thus: a.) A Court declaration that the final notice purportedly given to the plaintiff dated 2nd January, 1992 by the Defendant jointly and severally is null and void, illegal, unlawful and of no effect whatsoever. b.) A Court’s perpetual injunction restraining the defendants, their servant, agent, privies from removing, carrying and seizing the said machines for sale. c.) A Court’s Order compelling the defendant jointly and severally to perform its own side of the contract. d.) A Court’s determination of the true indebtedness of the plaintiff to the defendant’s minus the loss occasioned the plaintiff for non-performance of the contract by the defendant. e.) A Court’s declaration that there is no valid legal mortgage between the plaintiff and the defendants jointly and severally. f.) A Court’s Order determining the cost of the machines and interest payable. g.) A Court’s determination of the accrued interest covering the period of warehousing the machine. h.) A Court’s true determination of the accrued interest and commitment charges as at the date of actual disbursement of loan. i.) A Court’s true determination of the accrued interest during all the periods the project was being reviewed. j.) A Court order to determine the accrued interest as at the time the bank committed itself towards the cost of installation and the time the bank was requesting for the payment of the total cost of machinery and accrued interest. k.) A Court determination of what the plaintiff is being charged for by the defendants jointly and severally when he requested for disbursement and the money was not available. l.) The Court should determine the appropriate rate of interest in view of the different interest rates quoted in the two deeds even though the latter deed was backdated to 1982.
