BOLOUKUROMO MOSES UGO, J.C.A. (Delivering the Leading Judgment): This appeal is from the judgment of the Kwara State High Court, delivered on the 2nd day of October, 2008 by M. O. Adewara J. granting the Claimants/1st, 2nd and 3rd Respondents application for summary judgment against appellant, 4th and 5th respondents and three others, precisely Messrs. Bunmi Omotosho, Adegoke Aderian Jelili and Dare who were 1st to 3rd defendants. This last three were 4th6th respondents in this appeal before they were struck out at appellants instance when it found it difficult to locate and serve them the appeal processes.
The relevant facts of the case are that, 1st, 2nd and 3rd respondents as claimants in the High Court of Kwara State took out a writ of summons against the said Messrs. Bunmi Omotosho, Adegoke Aderian Jelili and Dare, Skye Bank, the appellant, and First Bank in that order claiming:
1. A declaration that the Claimants being agents of the 1st-3rd Defendants and who received money on the…