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The appellants as plaintiffs sued as Administrators of the estate of the Late Prince Olufemi Adegbola claiming against the defendants for a declaration that the relationship of Banker and customer in respect of Account No. 601-00140-2 formerly 5008 operated at the defendant’s Jubilee Market Street Bank Branch in Ibadan by the deceased terminated at his death and that the defendant had no right to debit the said account which enjoyed loan facilities with costs, charges and interest after his death and that the charges, costs and interests debited on that account are irregular and unlawful and injunction restraining the defendant from further debiting the said account with such charges. They also sought injunction restraining the defendant from exercising their right of sale over the property on Deed of Legal Mortgage registered as instrument No 21 at page 21 in Volume 2301 of the Land Registry Office at Ibadan made between Late prince Olufemi Adegbola and the defendant.
The defendant gave evidence and also called one witness. The plaintiffs’ case is that interest and other charges on the deceased account should be stopped as from the date of the death of the deceased on notification by the deceased family. The defendant’s case is that the administrator of the deceased’s estate continued to operate the account and used the facilities for the business for which the money was borrowed from the bank which therefore entitled them to interests and charges on the loan. The learned trail judge after the trial of the case gave judgment in favour of the defendant. It is against this judgment that the plaintiffs now appellants brought this appeal