Facts:

The respondents were customers of the defunct Global Investment Bank which was acquired by Intercontinental Bank Plc and later Access Bank Plc – the appellant. In 1997, the 1st respondent approached the appellant for two facilities of N10,000,000.00 (Ten Million Naira) and N20,000,000.00 (Twenty Million Naira). The facilities were secured by deposit of the 2nd respondent title deeds to several properties including one situate at Plot 59, Block 4, Lekki Peninsula Residential Scheme 1, Lagos State, covered by Certificate of Occupancy. By January 2000, the 1st respondent had repaid the sum of N26,517,700.00 (Twenty Six Million, Five Hundred and Seventeen Thousand, Seven Hundred Naira) in order to liquidate the facilities. A dispute arose between the parties as to the balance and the non reconciliation of the account in order to determine the true state of the 1st respondent’s indebtedness. In spite of this fact, the appellant threatened to sell the properties belonging to the 2nd respondent used as collateral for the facilities. The respondents became apprehensive and consequently, filed a suit against the appellant at the High Court of Lagos State to restrain it from selling the properties. One of the reliefs sought was a restraining order to prevent the appellant from selling the properties until after reconciliation of account and determination of the exact indebtedness.
While the suit was pending and after the court granted an interim order against the appellant, the parties amicably resolved the dispute and the appellant agreed to accept the sum of N10,000,000.00 (Ten Million Naira) in full and final settlement of the 1st respondent’s indebtedness to it. At the meeting where the agreement was reached, the appellant assured the respondents that none of the 2nd respondent’s properties were sold and that all the title deeds of the properties would be returned to the respondents as soon as the N10,000,000.00 (Ten Million Naira) was paid. After making payment, the respondent requested for the title deeds but they were not released to them. After several requests, the appellant eventually released three of the documents to the respondents while refusing to return the certificate of occupancy concerning the property situate at Plot 59, Block 4, Lekki Peninsula Residential Scheme 1, Lagos State. The appellant informed the respondents that it sold the property for N2,500,000.00 (Two Million, Five Hundred Thousand Naira) in order to offset the respondent’s indebtedness to it long before the respondents initiated the suit. The appellant however, failed to credit the account of the respondents with the money recovered from the sale. The respondents were aggrieved and filed another suit against the appellant at the High Court of Lagos State for title to the property and voiding of any sale by the appellant.
The trial court granted all the reliefs sought by the respondents in the suit save special damages. The appellant was dissatisfied with the decision of the trial court and filed a notice of appeal at the Court of Appeal, Lagos Division. One of the issues raised, albeit for the first time, is jurisdiction of the trial court to hear and determine the matter. The issue of jurisdiction was predicated on the allegation that the writ of summons was not signed by a legal practitioner but in the name of a law firm.