JOHN INYANG OKORO, J.C.A. (Delivering the Leading Judgment): This is an appeal against part of the judgment of the High Court of Kano State presided over by Hon. Justice S. B. Adamu delivered on the 4th of May, 2004 in suit No. K/111/2002. There is also a cross - appeal. A synopsis of the facts of this case will suffice.
The Appellant as plaintiff before the lower court is a Limited Liability Company and a customer of the Respondent which enjoyed some banking facilities from the Respondent. The said banking facilities were secured by various collateral securities. When the Appellant was in need of more money to shore up its capital base, it approached the Kano Branch Manager of the Respondent through its Managing Director and requested for an enhancement of the existing facilities. The Appellant was requested to submit original title documents of its property apart from those earlier on submitted for the existing facilities as collateral security for the intended enhancement facilitie…