ABIMBOLA OSARUGUE OBASEKI-ADEJUMO, J.C.A. (Delivering the Leading Judgment): This appeal is against the Ruling of the High Court of Lagos State delivered by Hon. Justice RIB Adebiyi on the 28th November, 2006 dismissing the Appellant's motion and holding that the Respondent's counter-claim, 'though unrelated to the original claim, can be tried together.'
The relevant facts that led to this appeal are that the Appellant vide a writ of summons and statement of claim both dated 13th December, 2005 claimed at the lower Court that the Respondent breached its banking mandate agreement with it by permitting unauthorized, withdrawal of money to be made from the Appellant's bank account with the respondent. The Respondent in response filed a Statement of Defence and a counter-claim both dated 26th June, 2006 wherein the Respondent refuted and denied the claims of the Appellant stating that it did not breach the banking mandate agreement because according to the Respondent, the agreement was r…