GEORGE OLADEINDE SHOREMI J.C.A. :(Delivering the Leading Judgment): This is an appeal by the Appellant who was the Plaintiff in the lower court against the judgment of Ikponwen Judge sitting at High Court of Justice Ekpoma and delivered on 22/1 0/03 wherein he dismissed the Appellant's case in its entirety and awarded cost to the Respondent. The facts of the case briefly stated are as follows:
The Plaintiff, now Appellant, is a regular customer of the Defendant/Respondent where he maintains three accounts viz - a Current Account, a saving Account and a loan Account. On 11/11/98, Plaintiff upon an application was granted an Agriculture Loan of N80.000.00 (Eighty Thousand Naira) with the terms well spelt out in Exhibit 'D'. The loan was to be defrayed on or before 30/10/99.
Plaintiff asserted he did not breach any of the terms of the loan facility but suddenly on 8/4/99, the Defendant/Respondent unilaterally liquidated the loan by withdrawing the sum of N66,000.0 outstanding from the P…