OBANDE FESTUS OGBUINYA JSC (Delivering the Leading Judgement): This appeal interrogates the rightness of the decision of the Court of Appeal, Lagos Division (hereinafter addressed as "the lower court"), coram judice: lsa Ayo Salami, Raphael C. Agbo and Paul Adamu Galinje, JJCA, in Appeal No. CAL/L/409/2001, delivered on the 1st June, 2006. In its judgment, the lower court affirmed the decision of the High Court of Lagos (the trial court) in Suit No. LD/3760/1996, delivered on the 6th June, 2000, wherein L. G. A. Marsh, J. dismissed the appellant's suit for being statute-barred.
The synopses of the essential facts of the case, which transfigured into the appeal, are disobedient to complication. The appellant maintained accounts No 36270236 and 7770571037 with the first and second respondents respectively. On the 2nd April,1990, the appellant instructed the first respondent to issue a draft in the sum of N447,000 to the order of the appellant and that same should be paid into the appell…