The plaintiff/appellant claimed against the respondent N494, 593.39 being the amount outstanding on the loan! Overdraft facility granted to the respondent together with interest. They also sought a declaration that as an unpaid mortgage, the appellant was entitled to exercise its right of sale. Part of the plaintiff's claim was that the sum of N185, 650.00 being the total value of five cheques deposited by the defendant to his Account and utilised by him before same was cleared; but which cheques were later dishonoured thus the defendants was debited with the value of the five cheques together with his original loan of N50, 000.00. The trial judge gave judgement for the bank. The Court of Appeal however allowed the defendant's appeal. The plaintiff appellants have appealed to the Supreme Court.