PRIME MARKETING ASSOCIATES LTD & ANOR V. KEYSTONE BANK LTD

JAMILU YAMMAMA TUKUR, J.C.A. (Delivering the Leading Judgment): This is an appeal against the Ruling of the Federal High Court Lagos Judicial Division in Suit: FHC/L/CS/964/10 delivered by M. B. Idris J. on the 19th July, 2013 wherein the trial Court dismissed the Appellant's application for an order to set aside its Ruling/Order made on the 25th January, 2013 for lacking in merit.

The facts as narrated by parties are quite controversial. Notwithstanding, the circumstances that led to this appeal can be summarized as follow: It is the story from the Appellant that it resolved on the 7th April, 2008 to make an offer to get an overdraft from the Respondent's company; thereafter the Respondent on the 23rd April, 2008 accepted the offer with conditions attached. That the Respondent did not fulfill the conditions before drawing down the overdraft neither did it notify the Appellant that the overdraft has been drawn until notice of demand was made by the Respondent.

Respondent however averred…