ADEBUKUNOLA ADEOTI BANJOKO, JCA (Delivering the Leading Judgment): This Appeal is against the Judgment/Ruling of the Federal High Court in Abuja per Honorable Justice A. I. CHIKERE delivered on the 6th day of July, 2018, which can be found at Pages 722 to 746 of the Record of Appeal.
The Brief History of the Case is that a Credit Facility was obtained by the 1st Respondent from Ecobank Nigeria Limited in 2012, to acquire parcels of Land for Housing Estate Development. The Loan was secured by the Properties to be acquired, a Tripartite Legal Mortgage over a Block of Flats, and an All-Asset Debenture Deed.
However, during the process of perfecting Ecobank's interest in the Properties, it was found that some of the Documents were cloned. Also, the Properties financed by Ecobank were not suitable for the intended Housing Estate Development, which led the 1st Respondent to sue Ecobank for negligence. Ecobank, on the other hand, sued the 1st Respondent for the recovery of the Outstanding Loan…