Facts:

The Appellant had a large parcel of land which it offered for sale, the 1st Respondent in this appeal offered to buy the land for ₦190,000.000.00. The 1st Respondent paid the sum of ₦150,000.000.00 and failed to pay the balance, there were repeated demands and extension of time within which to pay the balance of ₦40,000,000.00 the 1st Respondent failed to pay, the Appellant therefore sold the land to a third party, the sale miffed the 1st Respondent who instituted an action against the Appellant at the trial Court. The Defendant Bank brought an objection that the action filed by the 1st Respondent disclosed no reasonable cause of action. The 1st Respondent filed counter affidavit and written address, the trial Court held that there was no reasonable cause of action and sustained the objection. The 1st Respondent appealed against the decision of the trial Court. The lower Court held that the action filed by the 1st Respondent disclosed reasonable cause of action and ordered that the suit be heard by the trial Court.

Aggrieved by the decision of the lower Court the Appellant appealed to the Supreme Court.