OMOYOLA
V.
ENTERPRISES BANK LTD

KEKERE-EKUN JCA (Delivering the Lead Judgment): This is an appeal against the judgment of the High Court of Ondo State, Akure Judicial Division delivered on 5 August 2009 dismissing the plaintiff/appellant’s claims and granting the first leg of the 2nd defendant/respondent’s counterclaim. The facts that gave rise to the appeal are that the appellant’s late father, Chief Sunday Solomon Omoyola operating under the name and style of Otikun Bukar Enterprises was a customer of the 1st respondent, formerly known as Omega Bank Plc and later Spring Bank Plc. (hereinafter referred to as the bank). He obtained overdraft facilities from the bank. As security for the facility, he mortgaged his property at Plot 155, Block XIII, Ijapo Estate, Akure. It was the plaintiff’s case that his father liquidated his indebtedness to the bank sometime in 1993 and that in spite of repeated demands for the release of the title documents to the mortgaged property, the bank failed to comply up till the time of …