AMAIZU, JCA (Delivering the Lead Judgment): The claim of the plaintiff before the lower court as stated in paragraph 17 of the statement of claim is as follows -
“(1) That the plaintiff is not indebted to the defendant in respect of any loan or overdraft account No. 400347.
(2) That the plaintiff is entitled to all the documents of the plaintiff being retained by the defendant in connection with the said account.
(3) An order that the defendant should surrender the title documents in respect of the said account to the plaintiff forthwith.
(4) An order restraining the defendant and his servants and agents from selling or disposing of the plaintiff’s property at No. 80 Old Yidi Road, Ilorin.”
Pleadings were filed and exchanged by the parties. Thereafter, the trial proceeded. At the trial, the plaintiff gave evidence for himself. He called no witness.
It is his evidence that as a customer of the defendant he obtained a loan/overdraft of N3,000.00 from the defendant in 1974. He was only allo…