ABDU ABOKI, J.C.A (Delivering the Leading Judgment): This appeal is against the decision of the High Court of Justice, Kano State delivered on 23rd day of March, 2005 by S. Yusuf J.
The brief synopsis of the facts that gave rise to this appeal were that the respondent who was a customer of the defendant (hereinafter called the appellant) was granted a loan facility by the latter.
Consequently the respondent created a Mortgage Debenture over its property covered by Kano State Certificate of Occupancy No. LKN/1WD/81/18 as a security for the repayment of the said loan facility.
When the time for the repayment of the aforesaid facility became due, the parties to the said transaction as evidenced in Exhibit A agreed that upon the payment of N71, 397,984.42 by the Respondent to the Appellant, the former would be discharged from any liability arising from the said transaction.
After the conclusion of the trial, the lower Court gave judgment in favour of the Respondent and it specifically ord…