ADAMU JAURO, JSC (Delivering the Leading Judgment): The appeal herein is against the judgment of the Court of Appeal, Lagos Judicial Division, delivered on 12th July, 2019 in appeal No. CA/L/88/2018, which allowed the 1st Respondent's appeal, set aside the judgment of the Federal High Court, Lagos Division and ordered that the Appellant's suit be tried de novo with the 1st Respondent as a party.
FACTS LEADING TO THIS APPEAL
The 1st Respondent was a customer of Oceanic Bank International Plc (Now Ecobank Limited) and by virtue of their banker-customer relationship, the 1st Respondent applied for and was granted a number of credit facilities by the bank. The credit facilities were inter alia secured by Deeds of Legal Mortgagee in respect of some of the 1st Respondent's properties. The 1st Respondent did not repay the credit facilities as and when due and the facilities were later bought over by the Appellant in performance of its statutory duty. The purchase of the facilities was evidence…