UNITED BANK FOR AFRICA PLC V. MR. COKER GBADEBO

OGUNTADE, JCA: (Delivering the Lead Judgment): In suit No. LD/ 690/89 before the Lagos State High Court, the appellant was the plaintiff and the respondent the defendant. The appellant claimed from the respondent the following:- “(a) Declaration that the defendant is indebted to the plaintiff in the sum of N475,453.42 (Four hundred and seventy five thousand, four hundred and fifty three naira, forty two kobo) being the outstanding amount on the defendant’s account No. 6010001913 (formerly 651) with the plaintiffs Lagos University branch in respect of overdraft and/or loan facitilities made available to the defendant on the said account by the plaintiff at the defendant’s request. (b) An order of sale of the property known as No. 9/11 Eyinwuawi Street and registered as No. 26 at page 26 in volume 100 at A the Lands Registry, Lagos which title deeds are deposited as security for obtaining the said facilities.” The plaintiff filed a statement of claim. The defendant at first filed a st…