CHIDI NWAOMA UWA, J.C.A. (Delivering the leading Judgment): This appeal is against the judgment of the Oyo State High Court, presided over by Afolabi Adeniran, J. delivered on 22nd July, 2005. Wherein, the trial court dismissed the claim of the plaintiff now Appellant. The Appellant naturally dissatisfied with the judgment, appealed against same on 22nd day of August, 2005; vide his Notice of Appeal containing Nine (9) Grounds of appeal.
The background facts are that, the plaintiff in the lower court was a guarantor to his late wife who took a loan from the 1st defendant for the sum of N200,000.00, mortgaged his landed property at Olubadan Avenue Oluyole Estate, Ibadan. The borrower and the mortgagor were living in Ibadan. The debtor died in 1991. After the death of his wife, the plaintiff (her husband) made inquiry as to his wife's indebtedness to the then 1st defendant (now 1st respondent) at her branch office at Molete, Ibadan but, he alleged that he did not receive any useful info…