O. O. ADEKEYE, J.S.C: (Delivering the Leading Judgment): This is an interlocutory appeal against the decision of the Court of Appeal, Lagos Division delivered on the 18th of March 2003. In the judgment, the lower court dismissed the appeal against the ruling of the High Court of Lagos State; Lagos Judicial Division delivered on the 14th of May 2002, and affirmed the ruling. In the application brought pursuant to Order 23 Rules 2 and 3 of the High Court of Lagos State (Civil Procedure) Rules 1994, the appellant as defendant/applicant prayed for an order dismissing the Suit LD/2514/2001 instituted by the respondent, as plaintiff, in limine.
In the Suit LD/2514/2001, the plaintiff/respondent Astra Builders (W.A.) Ltd. in the penultimate paragraph of its statement of claim and in the endorsement on his Writ of Summons both filed on the 23rd of October 2001 claimed against the defendant/appellant, Union Bank of Nigeria Plc for: -
(1) A declaratory order that the plaintiff is entitled to …