<p><strong>KUDIRAT MOTONMORI OLATOKUNBO KEKERE-EKUN, JSC (Delivering the Leading Judgment):</strong> The 1st respondent herein (plaintiff at the trial Court), as the owner of a business centre known as Amusement International Guest House Ltd., on 10th September 1996, secured a loan of ₦600,000.00 from the appellant. The facility was secured with his landed property situate at No. 11, Adamu Road, Off Taiwo Road, Ilorin, covered by a statutory Right of occupancy No. KW 7052. The parties duly executed a deed of mortgage wherein it was stipulated that the interest on the loan shall be per annum. It was the 1st respondent&#x27;s contention that not only had he repaid a total sum of ₦826,476.00 to the 1st respondent, he had in fact made an overpayment of ₦179,905.00 between October 1998 and March 1999. He set out in his pleadings the schedule of repayments. It was also the appellant&#x27;s contention that although the parties originally agreed that the loan would be repaid within one year, it was later agreed that the r…</p>