N.D.I.C. V. ECOBANK (NIG.) LTD.

GALADIMA, J.C.A. (Delivering the Leading Judgment): This is an appeal by the appellant against the decision of Evuti, (J), Chairman of Failed Banks (Recovery of Debts) and Banks Financial Malpractices in Banks Tribunal, Zone VII, Lagos, delivered on 17/2/99 in which the appellant's claim was struck out for want of jurisdiction.

The appellant's claim before the tribunal which was for recovery of debt in respect of accumulated and unpaid interest was regarded by the tribunal as a claim for damages or anticipated profit on the basis of which the lower tribunal declined jurisdiction.

Dissatisfied, the appellant first appealed to the Special Appeal Tribunal but with the promulgation for the Tribunals (Certain

Consequential Amendments) Decree of 29/5/1999, the appellant hasnow lodged its appeal before this court in which it raised threegrounds and formulated three issues therefrom thus:

"3.1 Whether the lower tribunal was right in striking out the case for want of jurisdiction on the basis that…