YARGATA BYENCHIT NIMPAR, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of the Lagos State High Court delivered on the 27th February, 2015 wherein the Court below dismissed the claim and entered judgment for the defendant/counterclaimant in terms of its reliefs (a) and (b) of the counterclaim. The Court below held thus:
"The counter-claim in terms of reliefs (a) and (b) therefore succeed wholly while relief (c), being the cost of this action fails because of the apparent contributory negligence on the part of the Defendant in allowing verbal application for release of funds and payment of cash in a circumstance that did not warrant such.
The Appellant being dissatisfied with the decision of the lower Court filed a Notice of Appeal on 7/4/15 setting out 2 grounds of appeal.
The facts in a nutshell are that the Appellant as plaintiff before the Court below took out a writ of summons supported by a statement of claim wherein it claimed as follows:
1. A decla…