Facts:

The Appellant is a Bank and the Respondent is a customer of the Appellant. Sometime in 2008, the Respondent was given a facility by the Bank to import 15 containers containing 2475 units of Frajend Completely knocked-down (CKD) models FJ110-16A motorcycles worth USD881,100 or N110,754,279 at the then exchange rate of N125.7 to USD1. The entire 15 containers were pursuant to the Hypothecation Agreement consigned to the Bank. The goods were eventually cleared and delivered to the warehouse under the control of the Bank. The Respondent however alleged that the Bank after disposing of the goods, failed to account for the sum realized even though the value of the goods far exceeded the facility granted by the Bank. The dispute arising from the said facility itself and the indebtedness or otherwise of the Respondent formed the subject matter of a different Suit that was pending at the Lagos State High Court. The Respondent nonetheless, in its reliefs 3, 4 and 5 above claimed for the purchase price, the cost of clearing the consignment and the anticipated profit, respectively.

At the conclusion of trial, the Trial Court dismissed reliefs 1, 2, 3 and 5 but granted relief 4 to the effect that the Respondent was entitled to the sum of N16,565,767.50 (Sixteen Million, Five Hundred and Sixty-Five Thousand, Seven Hundred and Sixty-Seven Naira, Fifty Koba) only, being special damages, that is, the contingent cost of clearing the 15-container consignment from the port.

The Appellant being dissatisfied with the decision of the Trial Court filed a notice of appeal and the notice of appeal was amended and filed on the 18th of December, 2019 but deemed properly filed on the 3rd of October, 2024, against part of the judgment of the Trial Court.