IBRAHIM MOHAMMED MUSA SAULAWA, J.C.A.(Delivering the Leading Judgment): The instant appeal was filed against the judgment of the High Court of Lagos State, Lagos Judicial Division, delivered on June 8, 2005 in suit No. LD/875/03. By that decision, the lower court, coram O. A. Ipaye, J; granted a summary judgment in favour of the 1st Respondent. Dissatisfied with the said decision, the Appellant filed the notice of appeal thereof in the court below on June 13, 2005.
BACKGROUND FACTS:
The 1st Respondent is an incorporated and duly licensed banking company with the principal place of business thereof situate at 1, Idowu Taylor Street, Victoria Island, Lagos. It equally has branches in other States of the Federation. The Appellant, on the other hand, is an incorporated limited liability company. It has the place of business thereof situate at 73B, mainland way, Dolphin Estate, Ikoyi, and Central administrative office at Norah House, 69 Badagry Express Way, Lagos. The 2nd Respondent is o…