UGOCHUKWU ANTHONY OGAKWU, J.C.A. (Delivering the Leading Judgment): The fountainhead of this appeal is in the banker/customer relationship between the Respondents. The Appellant is the mother of the 3rd Respondent and mother in law of the 4th Respondent. In the normal course of banking, the 1st Respondent granted two facilities to the 2nd-4th Respondents. The collateral provided for the second facility was an equitable mortgage by deposit of the title deeds of the property belonging to the Appellant. There was default in the repayment of the facility, consequent upon which the 1st Respondent instituted proceedings against the 2nd-4th Respondents. The Appellant was later joined as a party to the action and she set up a counterclaim against the 1st Respondent.
The 1st Respondent as the Claimant in the action before the High Court of Lagos State in SUIT NO. ID/1166/2009: ACCESS BANK PLC v. NIRACON ENGINEERING NIG. LTD and ORS. claimed the following reliefs:
(a) WHEREFORE the Claimant claim…