YARGATA BYENCHIT NIMPAR, J.C.A. (Delivering the Leading Judgment): This appeal is against the judgment of the Lagos High Court of Justice delivered by HON. JUSTICE R.I.B. ADENIYI on the 13th February, 2012. The appellant aggrieved with the judgment filed a Notice of Appeal setting out 4 grounds of appeal.
The brief facts of the claim giving rise to this appeal are that the appellant was the claimant at the lower court wherein it claimed as per his statement of claim as follows:
(i) The sum of N1,625,000.00 (One Million, Six Hundred and Twenty Five Thousand Naira) being the value of the bank cheque purchased by the claimant from the Defendant which the claimant never cashed.
(ii) The sum of N30,527.65 (Thirty Thousand, Five Hundred and Twenty Seven Naira, Sixty Five Kobo) being credit balance in the claimant account No. 202411 at the Defendant Bank Tin Can Island Branch, Apapa Lagos as at 31st December, 1995, which the defendant have failed/refused to allow the claimant to withdraw fro…