BIOBELE ABRAHAM GEORGEWILL, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of the High Court of Lagos State, Coram: Ojikutu - Oshode J., in Suit No: LD/2758/1996: Tom Total Nigeria Limited V. Afribank Nigeria Plc (Later Skye Bank Plc) delivered on 25/2/2005, in which some of the claims of the Appellant as Claimant were granted against the Respondent as Defendant.
The Appellant was not completely satisfied with said judgment, even though entered in his favor, and had appealed to this Court vide his Original Notice of Appeal dated 10/5/2005 on a sole ground of appeal at pages 167 - 168 of the Record of Appeal. The 2nd Amended Notice of Appeal on three grounds of appeal was filed on 18/2/2016 but deemed properly filed on 16/5/2016. The 2nd Amended Appellant's brief was filed on 18/2/2016 but deemed properly filed on 16/5/2016. The Respondent's brief was filed on 23/11/20l2 but deemed properly filed on 23/912014.
At the hearing of this appeal on 13/2/2017, …