OBANDE OGBUINYA, J.C.A. (Delivering the Leading Judgment); This appeal arose from the judgment of the High Court of Kaduna State, presided over by Hon. Justice Umaru Adamu, delivered on 07/10/2004 in suit No. KDH/KAD/813/95 in which the respondents, as plaintiffs, sued the appellants/defendants for certain reliefs. The first respondent was substituted for the original first respondent, Timothy Ugoenyi.
As collated from the available records, the facts of the case are straight forward. The original first respondent was a customer of the first appellant bank. The second respondent was the son of one Tanko Auta (deceased) who executed a deed of legal mortgage in respect of his property being at No. 58 Makaranta Road, Angwan Yelwa, Kaduna in favour of the first appellant for banking facilities it granted to the original first respondent. He, Tanko Auta, deposited his title documents to the property with the first appellant.
Unfortunately, Tanko Auta died before the original first respond…