RULING
On 23rd October, 2018, the Plaintiff instituted the instant action against the Defendant for the following reliefs:
a. An order to go into account to determine actual amount owed by the Plaintiff.
b. A declaration that the conduct of the Defendant vis-à-vis that of its Attorney amounts to bad faith.
c. An ample time to pay back the loan facility secured from the Defendant.
d. Injunction on the Defendant, its privies, assigns and agents from interfering with the property used as collateral for the loan until the determination of the matter.
e. Costs.
Upon service of the writ of summons and statement of claim on the Defendant, the Defendant entered appearance and proceeded to file a statement of defence on 31st October, 2018 and 13th November, 2018, respectively. In the events that have happened in this suit, certain issues have been set down for trial.
Significantly, the Defendant is inviting the Court, in the issues put before the Court, for the Plaintiff’s capacity to be d…