The respondent case was that he applied for an over-draft of N5,000.00 in 1981 from the appellant but was granted about N4,000.00 by the appellant. He repaid a small portion of the overdraft and then applied for a loan of N5,000.00 in 1983.

He executed a Mortgage Deed but was not given the loan. The appellant was threatening to sell the respondent's property which was used as a security for the mortgage and that precipitated this action. The appellant stated that the deed executed in 1983 covered the respondent's indebtedness. It led evidence to the effect that there was no record in its office that the respondent applied for another loan other than the overdraft of N5,000 applied for in 1981.

The trial judge entered judgement in favour of the respondent. Appellant went on appeal.