SKYE BANK PLC V. PERONE NIGERIA LIMITED

HARUNA SIMON TSAMMANI, J.C.A. (Delivering the Leading Judgment): This appeal is against the judgment of the Oyo State High Court, holden in Ibadan in suit No. I/425/2008, delivered by A.A Aderemi, J. on the 20th day of January, 2012.

At the Court below, the Respondent was the plaintiff while the Appellant was the Defendant. The Respondent, as plaintiff had instituted the action against the Appellant (Defendant) by way of a Writ of Summons and Statement of Claim dated and filed on the 22/8/2008. By Paragraph 22 of the Statement of Claim which is at pages 3-5 of the Supplementary Record of Appeal, the Respondent as Plaintiff claimed as follows:

"22. Whereof the plaintiff claims as follows;

I. A DECLARATION that the plaintiff does not owe the Defendant the sum of N26,253,976.04 as it does not reflect the true position of the Statement of Account of the plaintiff with the Defendant.

II. A DECLARATION that the plaintiff is not liable to pay any interest, commission or any charge on any entry …