<p><br></p><p><strong>PATRICK IBE AMAIZU, J.C.A. (Delivering the Leading Judgment): </strong>This is an appeal against the judgment of Ibiwoye J. delivered on the 15th day of May, 1997, in Kwara State High Court, holden at Ilorin Judicial Division. It is necessary in order to appreciate the issues raised in the appeal to recapitulate briefly, the facts of the case that gave rise to the appeal. They are as follows:</p><p> The 1st Appellant is a Commercial Bank with Headquarters at No.2 Zaria Road, Kano. It has branches all over the country, including one at Muritala Mohammed Way. Ilorin. The Respondent is a lawyer. He is an external Solicitor for the 1st Appellant at all material time. He also operates a current account with the 1st Appellant.</p><p> Sometime in 1975, the 1st Appellant granted a loan of ₦10,000 to the Respondent. In order to secure the loan, the Respondent mortgaged his properties situate and lying at No.26. Sulu Gambari Road, Ilorin. The Respondent in his capacity as the external solicitor for the 1st Appellant …</p>