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MR. POPOOLA ADEBAYO v. WEMA BANK PLC. & ORS

(2017) JELR 38072 (CA)

Court of Appeal  •  CA/IB/266/2010  •  15 May 2017  •  Nigeria

Coram
MODUPE FASANMI JCA; HARUNA SIMON TSAMMANI JCA; NONYEREM OKORONKWO JCA;

Judgement

NONYEREM OKORONKWO, JCA (Delivering the Leading Judgment): The appeal in this case arose from the judgment of the Oyo Stae High Court delivered 31st July, 2009 Coram M.O. Bolaji Yusuff (now JCA) wherein the appellants suit to set aside the sale of his (appellant house) by auction by the 1st respondent bank was dismissed.

Being dissatisfied, the appellant by Notice of Appeal dated 20th August, 2009 filed 21/8/09 filed this appeal upon three (3) grounds of appeal which complain as follows:

1. The learned trial judge erred in law when he held that the 3rd defendant/respondent in this case is a bonafide purchaser of the property without notice of non-compliance.

2. The learned trial judge erred in law when he held that the failure of the 1st defendant to give a demand notice did not show that the 1st defendant acted in bad faith.

3. Further grounds of appeal will be filed on receipt of the record of the proceedings.

No further ground of appeal was filed and the appeal was contended on the orig…

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