BANK OF THE NORTH LTD.
V.
GANA

OBADINA JCA (Delivering the Lead Judgment): This is an appeal against the decisions of the High Court of Plateau State sitting at Jos, contained in the ruling delivered by Ahinche J. on the 28th of February, 1995 and the final judgment delivered on the 8th of December, 1995. At the trial court, the appellant was the defendant while the respondent was the plaintiff. The facts that led to the appeal are briefly as follows:- The respondent who was the plaintiff at the trial court was the owner of plot No. T11 covered by certificate of occupancy No. 0445 and plot No. F7T covered by certificate of occupancy No. 0306. Both properties are situate at Dadin Kowa. In 1978, the plaintiff/respondent commenced the construction of a building of sixty-four (64) rooms. While developing the properties, the plaintiff/respondent ran short of money and approached the defendant/appellant for a loan facility of N300,000 (three hundred thousand naira). The defendant/appellant requested for the valuation o…