AMAIZU, JCA (Delivering the Lead Judgment): This is an appeal against the judgment of Gbadeyan J of the Kwara State High Court, sitting at the Ilorin Division of the Court. The judgment was delivered on the 12th day of May, 1999.
The facts of the case briefly put are as follows:-
The plaintiff, hereinafter referred to as the respondent, is a businessman. He was trading under the name and style of A. Salawal Motors
House. He is also the Managing Director of Owoniboys Technical Service Ltd., Owofoundary Ltd., Owoniboys Gas Ltd., and many other companies. The 1st defendant, hereinafter referred to as the appellant, is a commercial Bank. It has a branch office at Muritala Muhammed Way, Ilorin. It was the banker to the companies owned by the respondent. The second defendant is a licensed public auctioneer. It is the appellant’s case that the respondent opened a current account at its Muritala Muhammed Way branch office, at Ilorin. The respondent applied for and was granted a loan in his bus…