JOHN INYANG OKORO, J.C.A. (Delivering the Leading Judgment): The dispute in this appeal which arose from the judgment of Adeniran J. of Oyo State High Court sitting at Ibadan and delivered on 13-8-99 is for the determination of whether a customer of a bank having, on his own volition stopped operating his account, the bank is right to continue in charging interest on the said account during the period the account remained dormant.
The Plaintiff now Respondent claimed against the appellant as follows:-
(i) Declaration that the threatened sale by Public Auction of the properties of the Plaintiff situate lying and being at SWQ/200 Orita Sangotedo, Odo-Ona Elewe Road, Ibadan and referred to in the mortgage Deed registered as No.11 at page 11 in volume 2491 of the Lands Registry in the office at Ibadan and the plaintiffs landed property situate in any other place in Nigeria by the 2nd defendant at the instance of the 1st defendant is unreasonable, irregular, unlawful and should be stopped.…