Facts:

The appellant (the plaintiff in the trial court) is a banking institution. The Respondent in the appeal – a legal practitioner – (the defendant in the trial court) was the defendant and a customer to the bank. Sometime in 1980 the respondent applied for a loan of N1.8 million from the appellant for the purpose of purchasing six properties at Apapa the loan was granted to him as contained in a “letter of undertaking” dated 31st March 1980.

The defendant’s failure to repay the loan led the plaintiff to institute an action. In the action plaintiff’s claim is for the outstanding sum due on the loan account with interest on the said loan sum and specific performance of the terms of the loan agreement.

The respondent denied the appellant’s claim contending that the bank had exercised “undue influence” on him and counter claimed, inter alia for the value of the properties at No.15A and 15B Lisabi Road Apapa, the rent on the properties for 11 years and immediate possession of the said properties given by the plaintiff to the defendant.

The trial court dismissed four out of five of the plaintiff’s claim while the defendant’s counter claim succeeded.

Dissatisfied with this judgment the plaintiff/appellant appealed to the Court of Appeal. The respondent, aggrieved with the outcome of the same decision, also filed a cross appeal.