UNITY BANK PLC V. ALHAJI AHMADU, ZANGO

OGBUINYA JCA (Delivering the Lead Judgment): This appeal arose from the rulings of the High Court of kaduna State, presided over by TanimuZailani, J, delivered on 17 January 2007 and 6 February 2007 in suit No. KDH/KAD/139/2004, between the same parties in this appeal. From the processes filed, the facts of the case are straightforward. Sometime in 1991, the respondent, a customer of the appellant bank, had sued the appellant in the High Court of Kaduna State in suit No. KDH/ KAD/517/91 claiming declarations, order and injunction against it. The appellant counterclaimed against the respondent. The trial court, coram Dogara Mallam, J., on 7 November 1997, dismissed the respondent’s claims and granted the appellant’s counterclaim.

Sequel to that judgmentand consequent upon the respondent’s failure to satisfy same, the appellant threatened to auction the respondent’s mortgaged property, in that matter, situated at No. AIA, Ibrahim Taiwo Road, Tudun Wada, Kaduna. As a result of that thre…