M.B. DONGBAN-MENSEM, J.C.A. (Delivering the Leading Judgment): This appeal is against the decision of Hon. Justice A. A. Aderemi of the High Court of Oyo State, delivered on the 31st March, 2006 in favour of the Respondents who were the plaintiffs at the trial.
The Appellants were the Defendants and the parties shall be referred to as Appellants and Respondents respectively in this judgment. The Respondents are customers of the Appellants and were granted banking facilities in the sum of N10, 000,000.00 by the 1st Appellant upon security of 2nd Respondent's property at No.12, Vanity Villa, Oluyole Extension Ring Road, Ibadan. The Appellants sought to call in the collateral alleging a failure of the Respondents to fully liquidate the facility in record time. The Appellants contend that the Respondents defaulted in repayment of the banking facilities granted to them Exhibits 'F' and 'G' and the sum of N4, 371,396.88 with interest thereon were cited as outstanding. Also claimed is the ag…