UWABUNKEONYE ONWOSI, JCA (Delivering the Leading Judgment): This is an interlocutory appeal against the ruling of the High Court of Justice, Lagos State, sitting in Lagos and delivered by HON. JUSTICE O. A. ADEFOPE-OKOJIE on the 22nd day of February, 2011, in Suit No: LD/966/2010, wherein the ruling was entered in favour of the 1st Respondent against the Appellant.
Dissatisfied with the decision, the Appellant filed an Amended Notice of Appeal on the 1st of April, 2016, which was deemed on the 1st of November, 2016 wherein the Appellant set out a lone ground of appeal.
BRIEF FACTS OF THE CASE
The 1st Respondent (Claimant at the Court below) instituted the suit via a Writ of Summons filed on 19th of May, 2010 against the 2nd Respondent (1st Defendant at the Court below), and Appellant (2nd Defendant at the Court below) for a debt owed by the 2nd Respondent and which the Appellant executed as a personal guarantee.
The 1st Respondent claimed against the 2nd Respondent and Appellant at the Lo…