ABDULLAHI JCA (Delivering the Lead Judgment): This is an appeal against the decision of the High Court of Justice, Kwara State coram Elelu Habeeb J. delivered on the 4/12/2003 in which his lordship refused to make the declarations that were sought and dismissed the appellant’s case as lacking in merit. The plaintiff now appellant was dissatisfied with the judgment of the trial court and on 11th day of December, 2003 lodged a notice of appeal containing5 grounds of appeal against the said judgment. The facts of the case as can be gleaned fromthe recordof proceedings are as follows:- The appellant is a customer of the 1st respondent at her Ilorin main branch where she operates an account. Sometime in July, 1996 the appellant applied for and was granted an overdraft of N1 million. In return, she mortgaged her property situate at Fogo Oluwahan street, Ilorin, covered by a customary right of occupancy to the 1st respondent. The facility was later increased to N2 million. Sometime as at t…