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BANK OF THE NORTH A. T. AYANTUNDE V. JULIUS BABATUNDE ALHAJA BAMIDELE ADEPATE

(2001) JELR 57631 (CA)

Court of Appeal  •  CA/IL/44/2000  •  18 Oct 2001  •  Nigeria

Coram
MURITALA AREMU OKUNOLA, JCA (Presided) PATRICK IBE AMAIZU, JCA (Read the Lead Judgment) WALTER SAMUEL NKANU ONNOGHEN, JCA

Judgement

AMAIZU, JCA (Delivering the Lead Judgment): This is an appeal against the judgment of Gbadeyan J., of the Kwara State High Court, sitting at the Ilorin Judicial Division of the court. The judgment was delivered on the 3rd day of December, 1999. The facts which gave rise to the appeal so far as they are material to the questions which call for our determination are as follows -

The plaintiff in the lower court is an electrical contractor, carrying on business under the name and style of “Tunde Electrical Works.” He operated a current account in the 1st defendant’s branch office along Muritala Muhammed Road, Ilorin. In the course of operating the account, the plaintiff obtained a loan from the first defendant. In order to secure the loan, the plaintiff mortgaged his landed property along Sabo Line Street, Ilorin. The plaintiff later applied to the 1st defendant for a further loan. A The application was granted.

The plaintiff unfortunately could not keep up the instalments. The 1st defen…

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