Facts:

In 2007, the appellant responded to a public offer by Bank PHB Plc (Keystone Bank) and applied for 70,000,000 (seventy million) units of shares. In 2008, the appellant was allotted 40,000,000 (forty million) shares and a share certificate was issued to it. Sometime in 2013, the appellant came across a newspaper publication by Bank PHB wherein the bank stated the procedure for allotment of its shares. It was discovered by the appellant that the respondent did not comply with the guidelines as stated in the publication and as a result the appellant was entitled to a refund of N1,118,481,000,00 (One Billion, One Hundred and Eighteen Million, Four Hundred and Eighty One Thousand Naira) which was never made.
Consequently, the appellant filed a claim for the refund of N1,118,481,000,00 (One Billion, One Hundred and Eighteen Million, Four Hundred and Eighty One Thousand Naira) and damages against the respondent at the Investments and Securities Tribunal. Parties filed their pleadings. At issue at the tribunal was the statement on oath of the witness for the respondent which was not signed. Even though the tribunal held that the respondent was in breach of its duty of care to the appellant, it however relied on the unsigned statement on oath to deny the appellant the reliefs sought. Dissatisfied with the decision of the tribunal, the appellant filed a notice of appeal at the Court of Appeal, Lagos Division urging the court to reverse the decision of the tribunal. One of the issues for determination is whether the unsigned statement on oath of the witness of the respondent was invalid and should have been disregarded, expunged and struck out by the tribunal in determining the suit.