ABBA AJI, J.C.A. (Delivering the Leading Judgment): This is an appeal against the decision of Justice E. A. Komolafe of the Ondo State High Court, sitting in Owo, delivered on the 17th day of December, 2003.
The plaintiffs/respondents (hereinafter simply referred to as the respondents) claim against the defendant/appellant are as follows:-
"1. A declaration that any attempt on the part of the defendant to sell by way of public auction or otherwise the 1st plaintiff's property at No. 31 Mariatun House (formerly No. 40) Asewa Street, Clerks Quarters, Owo, in Ondo State, which the 2nd plaintiff mortgaged with the defendant bank is unconstitutional, illegal, ultra vires, null and void.
2. A declaration that the 35% interest now being charged per annum by the defendant on the overdraft facility granted to the 2nd plaintiff, plus 12% interest on excess advised credit limit is unconstitutional, illegal, ultra vires, null and void.
3. N5,000,000.00 (Five million naira) being general damages f…