LATEEF ATOBATELE ALI V. UNITED BANK FOR AFRICA PLC

SAMUEL CHUKWUDUMEBI OSEJI, J.C.A. (Delivering the Leading Judgment): This appeal is against the judgment of the High Court of Lagos State delivered on the 11th day of July 2006 by Justice Inumidun Akande (as he then was) wherein the claim by the Claimant was dismissed.

The Appellant presently had as Claimant in the trial court claimed as per the amended writ of summons dated 26-5-89 and the Second Amended Statement of claim dated 20-1-97 as follows:-

"And the plaintiff claims the sum of N967,000.00 as damages for conversion, ALTERNATIVELY as money had and received with interest at the rate of 17% from 27th January, 1983 until judgment is given on this matter and at the rate of 30% per annum thereafter".

The defendant (now Respondent) reacted by filing a statement of defence dated 19-4-88 and subsequently an amended statement of defence dated 16-1-90.

In brief, the facts of the case is that the appellant who carries on business under the name and style of Lasultan Nigeria Enterprises …