ONYEKACHI AJA OTISI, J.C.A. (Delivering the Leading Judgment): This appeal was lodged against the decision of the High Court of Lagos State (the lower Court), delivered on January 30, 2018 Coram O. A. Akinlade, J. wherein the lower Court entered judgment in favour of the 1st Respondent against the Appellant and the 2nd Respondent jointly and severally, as per the reliefs sought in the 1st Respondent’s statement of claim. The lower Court also granted the reliefs claimed by the Appellant in its counter-claim, against the 2nd Respondent alone.
The facts leading to this appeal, for the Appellant, can be summarized in this manner: The 1st Respondent as plaintiff commenced Suit No: LD/1734/2011: Sagecom Concepts Limited v. (1) G. Cappa Plc (2) Fidelity Bank Plc, against the 2nd Respondent and the Appellant as 1st and 2nd defendants. The case of the 1st Respondent was that the National Electric Power Authority granted the 2nd Respondent a twenty-five-year lease of the property known and situ…