ALBABAMINU INTERNATIONAL LTD, ALHAJI MOHAMMED BABA DAN, BABA ABDALLAH & RALIAT BELLO V. ACCESS BANK PLC

OBANDE FESTUS OGBUINYA, J.S.C. (Delivering the Lead Judgment): This appeal probes into the rightness of the decision of the Court of Appeal, Kaduna Division (hereunder addressed as "the lower Court"), coram judice: l. S. Bdliya, H. A. O. Abiru and A. A. Wambai, JJCA, in Appeals No. CA/K/194/2011 and CA/K/248/2011, delivered the 20th May, 2016. In its consolidated decision, the lower Court dismissed the appeal and cross-appeal from the judgment of the High Court of Kano State (this trial Court), in Suit No. K/323/2009, dismissed on the 14th June, 2011, wherein Ibrahim Musa Karaye, J. dismissed the appellants' claim and struck out the respondent's counter claim. 

A resumé of the facts of the case, which transfigured into this appeal, are verbosity and complexity. Sometime in 2009, the legacy bank institution, the Intercontinental Bank Plc., granted a series of overdraft facilities to the appellants to the cumulative sum of N40M. The facilities were secured by seven (7) plots of land lyin…