Facts:

Facts:

The respondent was a customer of the defunct Metropolitan Bank Ltd and maintained several accounts with it before it was wound up. In 2001, the respondent applied for and was granted a facility of N7,500,000.00 (Seven Million, Five Hundred Thousand Naira) to finance the acquisition of a property at 102A Island Way, Dolphin Estate, Ikoyi, Lagos. It was agreed that an equitable mortgage be created over the property as collateral for the facility in favour of Metropolitan Bank Ltd and that the facility be repaid in monthly instalments within a period of 18 (Eighteen) months. It was also agreed that the title documents of the property would be released to the respondent after payment of the facility and the accrued interest. The respondent alleged that after repaying the facility, Metropolitan Bank Ltd refused to return the title documents to it but instead made further deductions from its account.

On the 19th of July 2002, the respondent approached Metropolitan Bank Ltd with an offer to transfer to a named beneficiary in France the total sum of N22,174,730.84 (Twenty Two Million, One Hundred and Seventy Four Thousand, Seven Hundred and Thirty Naira, Eighty Four Kobo) at an agreed rate of N117.00 (One Hundred and Seventeen Naira) to US$1.00 (One United States Dollar). The offer was accepted and Metropolitan Bank Ltd effected payment to the beneficiary. Some days after the transaction was completed, Metropolitan Bank Ltd informed the respondent that the transfer was effected on the 22nd of July, 2002 and at the exchange rate of N135.00 (One Hundred and Thirty Five Naira) per US$1.00 (One United States Dollar) as a result of the Dutch Auction System introduced by the Central Bank of Nigeria which raised the exchange rate to the amount. Metropolitan Bank Ltd later wrote to the respondent requesting payment of the sum of N3,290,787.00 (Three Million, Two Hundred and Ninety Thousand, Seven Hundred and Eighty Seven Naira) as balance to make up for the increase in the exchange rate from N117.00 to N135.00 to $1.00.

Thereafter, Metropolitan Bank Ltd debited the balance from the account of the respondent without its consent. The respondent made several unsuccessful attempts to make Metropolitan Bank Ltd reverse the debit after which it wrote a letter via its solicitors to the bank complaining about the debit as being a breach of contract. Metropolitan Bank Ltd did not reverse the debit but instead sent a letter of demand on the 10th of February, 2004 to the respondent demanding the payment of the N17,760,000.00 (Seventeen Million, Seven Hundred and Sixty Thousand Naira) as accrued debt. The respondent solicitors sent a letter to the bank refuting the claims and requested for time to allow the respondent’s auditors to do a comprehensive audit of the account and transactions between the parties. The auditors submitted their reports in which they accused Metropolitan Bank Ltd of excessive and illegal charges. The report also stated that the respondent had fully paid the facility and the accrued interest and that it was the bank that was indebted to the respondent.

Consequent upon the auditor’s report, the respondent filed a suit against Metropolitan Bank Ltd at the High Court of Lagos State, Lagos Division seeking among other reliefs, a declaration that the claimant is the rightful owner of the property at 102A Island Way, Dolphin Estate, Ikoyi, Lagos and an order of perpetual injunction restraining the bank and its agents from foreclosing, selling or trespassing on the property. The respondent also sought orders to compel the defendant to repay the respondent the sum of N10,016,985.53 (Ten Million, Sixteen Thousand, Nine Hundred and Eighty Five Naira, Fifty Three Kobo) illegally deducted from the Claimant’s account and penalty on the excess charges. Metropolitan Bank Ltd responded to the suit by filing its defence incorporating a counterclaim of N24,531,343.94 (Twenty Four Million, Five Hundred and Thirty One Thousand, Three Hundred and Forty Three Naira, Ninety Four Kobo), interest of 21% on the sum and an order of the court allowing it to proceed against the property at 102A Island Way, Dolphin Estate, Ikoyi, Lagos.

The parties were still in court when the Federal Government of Nigeria via its official gazette directed the appellant to apply to the Federal High Court for the winding up of the bank on the ground that it could not meet up with the Central Bank of Nigeria directive for recapitalization of all the banks operating in Nigeria. Consequently, the respondent in 2006, filed an application substituting Metropolitan Bank Ltd with the appellant. The application was heard and granted by the court. The appellant did not appeal the substitution order but went ahead to file its amended statement of defence and counterclaim and also participated in the proceedings of the court. The court gave judgment in favour of the respondent as the rightful owner to the property at 102A Island Way, Dolphin Estate, Ikoyi, Lagos and restrained the appellant and its agents from doing any act inconsistent with the right of the respondent over the property. The other prayers of the respondent were not granted and the counterclaim of the appellant was dismissed. The appellant was dissatisfied with the judgment and filed a notice of appeal at the Court of Appeal, Lagos Division seeking to set it aside.

One of the issues for determination is whether from the circumstances of the case, it is safe to conclude that the proper parties were before the court below such as to clothe it with the garb of jurisdiction to warrant the hearing and determination of the case.