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AFRICAN CONTINENTAL BANK LIMITED & ANOR V. PRINCE A.O. AWOGBORO & ANOR

(1996) JELR 33896 (SC)

Supreme Court  •  SC.329/1990  •  27 Feb 1996  •  Nigeria

Coram
MUHAMMADU LAWAL UWAIS JSC; MICHAEL EKUNDAYO OGUNDARE JSC; EMMANUEL OBIOMA OGWUEGBU JSC; YEKINI OLAYIWOLA ADIO JSC; ANTHONY IKECHUKWU IGUH JSC;

Judgement

OGWUEGBU, J.S.C. (Delivering the Leading Judgment): The plaintiffs instituted a civil action in the Ikeja Division of the High Court of Lagos State against the defendants claiming that the mortgage between the 1st plaintiff and the 1st defendant which is secured by landed property known as 27, Onayade Street, Ikorodu Road, Lagos State is still valid and subsisting and that the 1st defendant's power of sale under the mortgage has not arisen.

The plaintiffs also prayed the court to declare that the proposed sale of the said property by the 2nd defendant at the instance of the 1st defendant is null and void as it is not in conformity with the terms and conditions of the mortgage. They are also seeking an order of perpetual injunction restraining the defendants and their agents from selling or dealing in any way with the property, No. 27, Onayade Street, Ikorodu Road, Lagos.

On 4:2:85 which was the same day the writ of summons was issued, the plaintiffs filed a motion on notice praying t…

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