MR. EMMANUEL ITOYA IJEWERE V. DIAMOND BANK LIMITED

OBASEKI-ADEJUMO JCA (Delivering the Lead Judgment): This appeal stems from the bench judgment of Ipaye J., of the High Court of Lagos State, delivered on 18 November 2008, wherein the learned trial judge found for the respondent based on the report of the independent reviewer dated 12 May 2007. By the writ of summons dated 26 May 2005, the respondent sought the following claims:

N116,312,950.00 (one hundred and sixteen million, three hundred and twelve thousand, nine hundred and fifty naira), being payment guaranteed by the defendant in respect of the credit facility enjoyed by South African NigeriaCommunications and Systems Ltd, repayment of which both the company and the defendant have failed to make despite repeated demands. N5,800,000.00 (five million, eight hundred thousand naira) solicitor’s fee payable by the claimant to its solicitors Messrs Taiwo Shittu and Co., for prosecution of the sum of N116,312.950 (one hundred and sixteen million, three hundred and twelve thousand, ni…