EBIOWEI TOBI, J.C.A. (Delivering the Lead Judgment): This is an appeal against the judgment of the High Court of Oyo State, Holden at Ibadan, Coram Hon. Justice M. I. Sule, delivered on the 30th day of August, 2021 in Suit No. I/504/2012. The said judgment is contained at Pages 464 – 511 of the Record of Appeal. The Record of Appeal was compiled and transmitted on the 29th day of June, 2022 and deemed properly transmitted on the 26th day of October, 2022.
The Appellant commenced the action by Writ of Summons dated 28th May, 2012. This made her the Claimant in the lower Court. Actually, the original claimant is her husband who is deceased. This is the relief of the claimant before the lower Court contained in paragraph 61 of the Amended Statement of Claim filed on 27th December, 2017. I reproduce same for ease of reference:
a) A declaration that Claimant account No. 0000190360 maintained with Defendant at their UCH, Ibadan Branch was from January 01, 2006 till March 30, 2012 not proper…