NATIONAL BANK OF NIGERIA LTD. V. WEIDE & CO. NIGERIA LTD. & ORS

OGWUEGBU, J.S.C. (Delivering the Leading Judgment): This is yet another appeal which revolves on Order 10 of the High Court of Lagos State (Civil Procedure) Rules 1972. The Rules are very often misapplied and misconstrued by some judges and practitioners. The result is that endless delays are caused while waiting for the outcome of interlocutory appeals which are the by products while the substantive cases are left in the cooler.

The plaintiff who is the appellant before this court instituted a civil action in the High Court of Lagos State in April, 1987 claiming the following reliefs from the defendants:

"1. Judgment against the First defendant in the sum of N950,015.66 (Nine hundred and fifty thousand and fifteen naira sixty six kobo) and interest thereon at the rate of 9 1/2% per annum from the 1st day of March, 1987 until the whole debt with interest is settled.

2. Judgment against the Second defendant in the sum of N2,867,932.25 (Two million, eight hundred sixty seven thousand ni…