B. O. LEWIS V. UNITED BANK FOR AFRICA PLC.

PETER-ODILI JSC (Delivering the Lead Judgment): This is an appeal against part of the judgment of the Court of Appeal, Lagos Division delivered on 22 June 2004 affirming the decision of the High Court of Lagos State entering a summary judgment against the appellant under Order 11, rules 1 and 2 of the High Court of Lagos State (Civil Procedure) Rules 1994.

Dissatisfied with the decision, the appellant has through a notice of appeal filed on 21 September 2004 appealed to this court.

Facts

By an amended statement of claim dated 4 January 2001, the respondent as plaintiff sued the appellant as defendant in the Lagos High Court for among other things, the sum of ₦1,349,671.54 (one million, three hundred and forty-nine thousand, six hundred and seventy-one thousand naira and fifty-four kobo) being the total outstanding principal and interest in respect of loans granted to the appellant by the respondent. The claim is that a loan of ₦1,550,000.00 (one million, five hundred and fifty thousa…