HABEEB ADEWALE OLUMUYIWA ABIRU, J.C.A (Delivering the Leading Judgment): This is an appeal against the judgment of the High Court of Kaduna State in Suit No KDH/Z/45/98 delivered by Honorable Justice Dogara Mallam on the 28th of September, 2010. The claim of the Respondents, as plaintiff, against the Appellant, as defendant, was for the sum of ₦10 Million as compensation for the loss of their property. The Respondents filed an amended statement of claim dated the 19th of January, 2006 (pages 42 to 44 of the records).
The Appellant responded by filing a better and further amended statement of defence and counter-claim dated the 18th of May, 2009 (pages 100 to 102 of the records). By the counter-claim, the Appellant prayed for:
i. The sum of ₦2,900,000.00 (Two Million Nine Hundred Thousand Naira only) being the outstanding indebtedness of the plaintiffs to the Defendant of principal and interest standing unpaid as a result of the plaintiffs breach of legal mortgage agreement dated the 1…