<p>MOJEED ADEKUNLE OWOADE, J.C.A.(Delivering the Leading Judgment):This is an Appeal against the Judgment of Hon. Justice O. A. Adefope-Okojie delivered on 13/10/2009 in the Ikeja Judicial Division of the High Court of Lagos State.</p><p>Suit No. ID/672/1994 which led to this Appeal was initially instituted by (1) Dipo Ayeni (now substituted on his demise with his wife, Mrs. Olajumoke Ayeni (z) Merit Motors Limited and Treasury and Finance Company Limited as Plaintiffs. The Writ of Summons and Statement of Claim was then against a sole Defendant - OWENA BANK (Nigeria) PLC which metamorphosed into Heritage Bank Limited.</p><p>The present 1st Appellant, Chief (Dr.) J. E. B. Akinselure was joined as Co-Defendant and because he filed a Counter-Claim against the Claimants became a Defendant Counter-Claimant in the Court below.</p><p>The present 4th Respondent, Mr. Larry Ayeni was substituted for his father, Pa Isaiah Ayeni who was joined in the Court below as 4th Defendant.</p><p>The 1st Respondent to this Appeal was/is…</p>