UNITED BANK FOR AFRICA PLC V. 1 SKYPOWER EXPRESS AIRWAYS LIMITED 2. SILVERGATE INTERNATIONAL MERCHANT BANK LIMITED

OBASEKI-ADEJUMO JCA (Delivering the Lead Judgment): This is an appeal against the judgment of the High Court of Lagos State, coram Oyekan-Abdullahi J., delivered on 30 May 2008. By a writ of summons dated l l May 2000, the 1st respondent had instituted an action in the lower court claiming the following reliefs: “A declaration that the plaintiff is the owner of and entitled to the various sums of money totalling N9,701,650.00 (nine million seven hundred and one thousand, six hundred and fifty naira) paid into the 2nd defendant’s account No. 201- 018742 with the 1st defendant between 24 November and 2

December 1998, on the inducements of the 1st defendant.

A declaration that the failure, refusal and/or neglect by the 1st defendant to refund or pay back the said sum of N9,701,650.00 (nine million, seven hundred and one thousand, six hundred and fifty naira) to the plaintiff amounts to an unlawful conversion or an improper dealing with the plaintiff’s fund and a breach of trust as well as …