Facts:

The appellant is a customer of the respondent. The respondent granted a credit
facility to the appellant for its business objectives. The appellant filed a suit against
the respondent at the High Court of Lagos State alleging that the respondent
unilaterally increased the interest rate chargeable on the facility without the consent
and approval of the appellant. The appellant sought among several reliefs, a
declaration that the excess interest charged on the facility by the respondent is
illegal, null and void. The appellant further alleged that the respondent was in
breach of the contract between the parties when it failed to release funds for
clearing of appellant’s imported goods resulting in demurrage and confiscation of
the consignment by the Federal Government of Nigeria. The appellant sought
among other reliefs, an order compelling the respondent to refund the sum of
N37,326,672.81 (Thirty Seven Million Three Hundred and Twenty Six Thousand,
Six Hundred and Seventy Two Naira, Eighty One Kobo) being the excess interest
charged by the respondent and a further one hundred percent penalty on the said
sum.
The respondent denied liability in its defence and incorporated a counter claim.
The counter claim sought an order of the court to compel the appellant to pay to it
the sum of N48,584,039.32k (Forty-Eight Million Five Hundred and Eighty – Four
Thousand, Thirty-Nine Naira and Thirty-Two kobo) standing as debit balance in the
Claimants account (current account of N22,559,034.32 and loan account of
N26,025,005.00) being the principal sum granted to the appellant and the
accumulated interest. After hearing the parties on the suit and the counterclaim,
the trial court dismissed the suit of the appellant but granted some of the reliefs
sought by the respondent in its counter claim. The appellant was dissatisfied with
the decision of the trial court and consequently filed a notice of appeal at the
Court of Appeal, Lagos Division.
One of the issues raised for determination is whether the trial judge acted without
jurisdiction when he gave judgment on a counter claim not supported by any evidence adduced before the court.