<p>ABDU ABOKI, J.C.A (Delivering the Leading Judgment): This appeal is against the decision of the High Court of Justice, Kano State delivered on 23rd day of March, 2005 by S. Yusuf J.</p><p> The brief synopsis of the facts that gave rise to this appeal were that the respondent who was a customer of the defendant (hereinafter called the appellant) was granted a loan facility by the latter.</p><p> Consequently the respondent created a Mortgage Debenture over its property covered by Kano State Certificate of Occupancy No. LKN/1WD/81/18 as a security for the repayment of the said loan facility.</p><p> When the time for the repayment of the aforesaid facility became due, the parties to the said transaction as evidenced in Exhibit A agreed that upon the payment of N71, 397,984.42 by the Respondent to the Appellant, the former would be discharged from any liability arising from the said transaction.</p><p> After the conclusion of the trial, the lower Court gave judgment in favour of the Respondent and it specifically ord…</p>