UNITY BANK PLC v. COLONEL BELLO MOHAMMED AHMED (RTD.)

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Facts:

The respondent as customer obtained two credit facilities from the appellant. The facilities were governed by loan agreements which prescribed the tenure and interest to be charged on the facility. The respondent also submitted a land title document as security for the loans obtained. Sometime later, the respondent satisfied his obligations under the loan agreements by paying back the borrowed sums with agreed interest. However, the appellant insisted that the respondent failed to satisfy his full obligations as the accrued interest remained outstanding. As a result, the appellant refused to return the respondent’s title document.
Aggrieved, the respondent filed an action at the High Court against the appellant claiming two declarations and five orders. The principal claim of the respondent as plaintiff was for an order directing the appellant as defendant to release to the respondent its title document. The trial court gave judgment in favour of the respondent.
Dissatisfied with the decision of the trial court, the appellant filed an appeal at the Court of Appeal. The lower court also gave judgment in favour of the respondent. Still dissatisfied, the appellant appealed to the Supreme Court.

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