<p><br></p><p><strong>HABEEB ADEWALE OLUMUYIWA ABIRU, J.C.A (Delivering the Leading Judgment):</strong> This is an appeal against the judgment of the High Court of Kaduna State in Suit No KDH/Z/45/98 delivered by Honorable Justice Dogara Mallam on the 28th of September, 2010. The claim of the Respondents, as plaintiff, against the Appellant, as defendant, was for the sum of ₦10 Million as compensation for the loss of their property. The Respondents filed an amended statement of claim dated the 19th of January, 2006 (pages 42 to 44 of the records).</p><p> The Appellant responded by filing a better and further amended statement of defence and counter-claim dated the 18th of May, 2009 (pages 100 to 102 of the records). By the counter-claim, the Appellant prayed for:</p><p> i. The sum of ₦2,900,000.00 (Two Million Nine Hundred Thousand Naira only) being the outstanding indebtedness of the plaintiffs to the Defendant of principal and interest standing unpaid as a result of the plaintiffs breach of legal mortgage agreement dated the 1…</p>