ODUYEMI, JCA (Delivering the Lead Judgment): The 1st respondent is a customer of the appellant Bank. The 2nd respondent is the Chief Executive of the 1st respondent and was a guarantor to the 1st respondent in respect of the various indebtedness of the 1st respondent material to the action instituted in the High Court of Justice of Kogi State, the judgment on which is the subject of this appeal. The 1st and 2nd respondents commenced the action in the lowercourt when the appellant threatened to realise the securities in their favour in satisfaction of the indebtedness. Respondents claimed several declaratory reliefs, orders and injunction. The appellant, not only filed a defence to respondents’ claims but also filed a counter-claim in which it sought from the respondents certain sums due as the indebtedness of respondents together with interests.
The lower court dismissed in its entirety the claims of the respondents.
It allowed in part the counter-claim of the defendants to the action…