POWER PRODUCTS INT. LIMITED V. WEMA BANK PLC.

RITA NOSAKHARE PEMU, JCA (DELIVERING THE LEADING JUDGMENT): The action, subject matter of this appeal was commenced by Writ of Summons dated and filed on the 8th of August, 2006 (shown on page 1 of the Record of Appeal), against Wema Bank Plc - the Respondent who was Defendant in the Court below.

In paragraph 21 of the Statement of Claim, the Claimant's claim is in the sum of N40,000,000 (Forty Million Naira) being special and general damages, for the injuries suffered by the Claimant, on the botched sale of the property, the subject matter of this suit, (situate at 1, Baba Rere Street, Off Lagos-Abeokuta Expressway, Sango Ota) as a result of the fraud perpetrated by the Defendant, in connection with the said botched sale.

The learned trial Judge, in the process of hearing the case, had to consider an application from the Defendant/Applicant filed on the 26th of October, 2006, for an order striking out and/or dismissing the suit for being incompetent on the grounds that:

(a) The suit …