FIDELITY BANK PLC. V. PETROLEUM (SPECIAL) TRUST FUND & ORS.

SIDI DAUDA BAGE, J.C.A. (Delivering the Leading Judgment): This is an appeal against the Ruling of the High Court of Lagos State, delivered by Hon. Justice K.O. Alogba, of the Commercial Division, in Suit No. LD/2124/2001, of the 7th of November 2003. The ruling was in favour of the 1st Respondent, (as Plaintiff in that court). By a summons for judgment dated the 22nd day of January 2002, the Plaintiff (1st Respondent) prayed for leave to enter judgment for Plaintiff against the 1st Defendant/Respondent for the sum of N35,053,542.19k with interest at 21% per annum from 2nd July 2001 until judgment and payment. In support is a verifying affidavit dated 22nd January, 2002 to which documents marked Exhibits 11 to 17 were annexed, as well as a further verifying affidavit dated 23rd April 2002 to which document marked Exhibit JP was annexed.

The Appellant on the 11th of January 2002, then as the sole Defendant, applied by motion on notice dated and filed on 11th January, 2002 made an appli…