AKINWALE-OGUNTIMEHIN & ORS
V.
TRADE BANK PLC
ABIMBOLA OSARUGUE OBASEKI-ADEJUMO, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of the High Court of Lagos Coram Honourable Justice Atilade delivered on the 29th September, 2010 in favour of the Respondent.
The material facts that led to this appeal are that this suit was originally initiated by Mr. Benjamin Onilari who later died on 8th July, 2009. Thus, his daughter, the 1st Appellant in this appeal was substituted for him by an order of Court made on the 14th October, 2009. The original Claimant commenced this action against the Defendant by writ of Summons dated 11th December, 2003 seeking declarative and injunctive reliefs. The Respondent filed a Statement of Defence and a Counter-Claim on the 15th March 2005 joining the 2nd and 3rd Appellants as Defendants to the Counter-Claim. Upon leave of Court granted on the 8th August 2005, the Respondent filed an amended Statement of Defence and Counter-Claim claiming the sum of N87, 253, 331. 11 (Eighty …