Facts:

The 1st Respondent, Suru Worldwide Ventures Nigeria Limited was a customer of Oceanic Bank International Plc (Now Ecobank Limited) and by virtue of their banker-customer relationship, the 1st Respondent applied for and was granted a number of credit facilities by the bank. The credit facilities were inter alia se cured by Deeds of Legal Mortgagee in respect of some of the 1st Respondent’s properties. The 1st Respondent did not repay the credit facilities as and when due and the facilities were later bought over by Asset Management Corporation of Nigeria, the Appellant, in performance of its statutory duty. The purchase of the facilities was evidenced by a Loan Purchase and Limited Servicing Agreement entered into between the Appellant and Oceanic Bank.
In an originating motion file by the Appellant for the recovery of the loan sum, the 1st Respondent was not a party to the suit before the trial court. Upon a consideration of the materials before the court, the reliefs sought by the Appellant were granted. The 1st Respondent became aware of the action and orders granted by the trial court when the judgment was being executed by the Appellant with the assistance of the 2nd – 4th Respondents.
The 1st Respondent therefore sought and was granted leave by the lower court to appeal against the decision of the trial court as an interested party. The Court of Appeal heard the appeal and delivered a considered judgment on 2nd July, 2019. In the judgment, the Court of Appeal held that the proceedings of the trial court should not have been conducted without the 1st Respondent as a party, as it could have had something to urge on the court, for instance, with respect to whether the Appellant’s right of foreclosure/possession had arisen, issues in respect of which the Defendants before the trial court could not have been of any assistance. The court below therefore remitted the case to the trial court for hearing de novo with the 1st Respondent as a party.
Aggrieved by the decision of the Court of Appeal, the Appellant herein appealed to the Supreme Court to set aside the decision of the lower court.