IGUH, JSC (Delivering the Leading Judgment): This is an appeal against the interlocutory decision of the Court of Appeal, Lagos Division, delivered on the 29th day of January, 2001. In its judgment, the Court of Appeal had adjourned sine die the appeal of the 3rd defendant pending before it until he ceased to hold his office as the Governor of Lagos State.
I think it is desirable for a better appreciation of the issue that arises for determination in this appeal to set out briefly the history of the proceeding leading thereto.
By a writ of summons instituted on the 26th day of November, 1992 at the High Court of Lagos State, the plaintiff claimed against the 1st defendant the sum of ₦2.5 million being the outstanding balance owed in respect of an overdraft facility granted by the plaintiff to the said 1st defendant. The plaintiff also claimed, as against the 2nd and 3rd defendants, the same amount together with interest, upon the breach of their obligations under the contract of guara…