GALADIMA, J.C.A. (Delivering the Leading Judgment): This is an interlocutory appeal against the decision of Adeniji J. of the Lagos State High Court delivered on 30/4/93 refusing to dismiss the plaintiff's action on the grounds that the latter action was not caught by the plea of issue estoppel as the issue of fraud had not been pleaded and tried in the previous action.
The facts giving rise to the appeal stem from an action filed by the first respondent in 1988 against the appellant in Suit No. LD/1125/88. The claims against the appellant were as follows:
"(a) An order directing an account to be taken of all banking transactions between the plaintiff and the defendant.
(b) Payment over by either party to the other of whatever sum may be found due after taking such account.
The appellant who was the defendant in the earlier case filed a statement of defence whereby it relied on the defence that there was an account stated and settled between the parties pursuant to a letter of 31/12/8…