Facts:

The appellant entered into a facility agreement with the respondent wherein it was agreed that the respondent would advance the sum of N35,000.000.00 (Thirty Five Million Naira) to the respondent at 12% interest rate per annum. In 2008, the facility was granted and in two instalments of N20,000,000.00 (Twenty Million Naira and N15,000,000.00 (Fifteen Million Naira) respectively, the appellant received the facility. The debt became due for repayment and appellant defaulted after a demand was made on it.
In 2013, the respondent filed a suit via the summary judgment procedure against the appellant at the High Court of Kaduna State claiming the principal sum, accrued interest, post judgment interest and costs. The appellant filed a counter affidavit, statement of defence and incorporated a counter claim. In its defence, the appellant alleged that it was not a party to the facility agreement and that the proper parties were not before the court. Furthermore, it alleged that there were conflicting figures relating to the agreed interest to apply and that the respondent was not empowered by its objects to grant facilities.
After hearing the parties, judgment was delivered in favour of the respondent dismissing the defence of the appellant as sham. The appellant was dissatisfied and filed a notice of appeal at the Court of Appeal, Kaduna Division urging the court to set aside the decision of the lower court. The sole issue for determination is whether the appellant disclosed a triable issue to warrant a transfer of the suit to the general cause list.