YARGATA BYENCHIT NIMPAR, J.C.A. (Delivering the Leading Judgment): This appeal is against the judgment of the Lagos State High Court, sitting in Lagos delivered on the 19th day of September, 2014 by HON. JUSTICE OPEYEMI O. OKE wherein judgment was entered for the Respondent. Dissatisfied with the judgment, the Appellant filed a Notice of Appeal dated 10/11/14 and filed on the same day setting out 10 grounds of appeal and seeking the following reliefs:
i. An order setting aside whole judgment with the order of cost and dismissing the respondent's claim.
ii. An order giving judgment on the counter claim.
The brief facts relevant to this appeal are that the Appellant applied and enjoyed two facilities to fund a construction project and when it defaulted in making payments, the Respondent took out a writ of summons claiming the outstanding amount and interest accrued thereon.
The trial Court entered judgment as per the claim and aggrieved with the said judgment the appellant appealed. Parties…