The Respondent operates two accounts with the Appellant with numbers 5130 and 5176.

On the application of the Respondent he was granted Loan Facilities in the sum of N1,200,000.00 and 600,000.00 on Account Nos 5131 and 5176 respectively. The interest chargeable on the facilities is contained in the letter of offer titled - offer of Banking Facility as follows:-

"Discount Rate: 21% P.A. interest 15% processing fee, 1% legal and 5% consultancy fee shall be debited to the company account".

In paragraph 4 and 5 under the subheading "Conditions precedent to utilization it was stated as follows:

There is no dispute as to the fact that the principal sums have been paid, what is in dispute is the amount being claimed as the interest which the Plaintiff Appellant put at the sum of N930,162.00 which was calculated on the basis of 15% per month interest.

The Respondent's defence is to the effect that the 15% per month which formed the basis of the Appellant's claim was not supported by the terms of the agreement between the parties. As a result, he had earlier challenged the interest rate being charged by the Appellant at the High Court of Justice Nnewi in suit No. HN/95/95, the writ of summons and the statement of claim were attached to the Notice of Intention to defend.

In his ruling Ononiba J., granted the Plaintiff's claim and ordered as follows:-

"In the final result, I have come to the conclusion that the Defendant has not disclosed any triable issue or any defence on the merits but that is not the end of the matter Plaintiff's claim is 7.5% interest per month. I do not know how the Plaintiff came by that figure. The offer of banking facility-Exhibit B shows clearly that the discount rate is 21% per annum and not 7.5% per month. It is trite law that Court can award less than the amount claimed by the Plaintiff but not more. I therefore enter judgment for the Plaintiff in the sum of N930,162.00 as claimed.

Plaintiff is also awarded 21% interest on this sum from 21/7/97 to 17/12/97. Plaintiff is also awarded 5% simple interest on the judgment debt from 18/12/97 until the whole amount is liquidated........".

This is the order of the 17th April 1985.In a motion dated 21st June, 1985 which was moved on the 9th July, 1985, Miss Ogundare sought for an order setting aside the order made by the Court of Appeal on the 17th April, 1985, directing that the motion and papers filed in this appeal be served on the applicant as solicitor acting for the 1st, 2nd and 3rd. respondents herein.

See pages 66-67 of the Record of Proceedings.

Dissatisfied with the above judgment, the Defendant successfully appealed to the Court of Appeal hereinafter called the Court below, which set aside the decision of the trial Court and ordered that the matter be transferred to the general cause list. Dissatisfied the Appellant has appealed to the Supreme Court.