W. S. N. ONNOGHEN, J.S.C: (Delivering the Leading Judgment): This is an appeal against the judgment of the court of Appeal holden at Port Harcourt in appeal no CA/PH/42/97 delivered on the 26th day of April, 2001 in which it set aside the decision of the High Court of Imo State holden at Aba in suit no. A/413/89 delivered on 17th December, 1990.
On the 9th day of October, 1989, the respondent as plaintiff instituted an action against the appellants, as defendants at the Aba Judicial Division of the High Court of Imo State in which he claimed the following reliefs:-
1. A declaration that the plaintif did not mortgage his property known as and called plot 9 in block 25 Aba or 180 Jubilee Road, Aba in respect of the overdraft facility of N20,000.00 granted him by the first defendant.
2. A declaration that the first defendant fraudulently falsified current account no. 253 maintained by the plaintiff at the Aba main branch to the detriment of the plaintiff.
3. A declaration that the purpor…