HAMMA AKAWU BARKA, JCA (Delivering the Leading Judgment): The appeal is a challenge to the decision of L. B. Lawal Akapo J, of the Lagos State High Court in suit No. LD/1093/2010 between Olawale Ogundana and the First bank of Nigeria PLC, and one Anor, delivered on the 14th day of May, 2013; wherein judgment was entered for the defendant/applicant in the counterclaim in the following terms:
"Judgment is entered in favor of the Defendant/Applicant against the Claimant/Respondent in the sum of N22,353,733.00 (Twenty two million, Three Hundred and Sixty Thousand Seven Hundred and Thirty Three Naira) plus interest of the rate of 19.5% Per annum from the 22nd December, 2009 until judgment and thereafter at the rate of 6% per annum of the entire sum is fully liquidated."
The genesis of the instant appeal was consequent to the appellant's filing a writ of summons dated the 2nd of June, 2010 and filed on the same date. By the claimants amended writ of summons and statement of claim filed with t…