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MRS. OLUWASEUN AGBOOLA V. UNITED BANK FOR AFRICA PLC & 2 ORS.

(2011) JELR 33497 (SC)

Supreme Court  •  SC.86/2003  •  25 Mar 2011  •  Nigeria

Coram
ALOMA MARIAM MUKHTAR JSC; FRANCIS FEDODE TABAI JSC; IBRAHIM TANKO MUHAMMAD JSC; OLUFUNLOLA OYELOLA ADEKEYE JSC; SULEIMAN GALADIMA JSC;

Judgement

ALOMA MARIAM MUKHTAR, J.S.C. (Delivering the Leading Judgment): This is an appeal against the judgment of the Court of Appeal, Ilorin, Division which allowed the appeal of the defendants from the court of first instance. The plaintiff's case in the High Court of Kwara State is in respect of a two storey building known as WO15 Sadiku Road, Kulende, Ilorin, which the 1st defendant/respondent sold by auction. The plaintiff bought the land upon which she built 30 rooms, from one Alhaji Sule Tahiru. The sale agreement was in the name of the appellant and was witnessed by her brother, the 3rd defendant who mortgaged the property to the 1st defendant, without her knowledge and consent since the documents were in his possession. She claimed the following reliefs against the defendants:-

(i) A declaration that the purported sale of the plaintiffs house lying and situate at Kulende, behind Goodwill Hotel on 28/11/94 by the 2nd Defendant acting on behalf of the 1st Defendant is illegal unconstit…

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