TIJJANI ABDULLAHI, J.C.A.(Delivering the Leading Judgment): This is an appeal against the decision of the High Court of Justice, Kwara State, Coram Elela Habeeb J. delivered on the 4/12/2003, in which His Lordship refused to make the declarations that were sought and dismissed the Appellant's case as lacking in merit. The Plaintiff now Appellant, was dissatisfied with the Judgment of the trial Court and on 11th day of December, 2003, lodged a Notice of Appeal containing 5 grounds of appeal against the said Judgment.
The facts of the case as can be gleaned from Record of Proceedings are as follows:- The appellant is a customer of the 1st Respondent at her Ilorin main branch, where she operates an account. Sometime in July, 1996, the Appellant applied for and was granted an overdraft of N1 million. In return, she mortgaged her property situate at Fogo Olorunhan Street, Ilorin, covered by a Customary Right of Occupancy to the 1st Respondent. The facility was later increased to N2 million…