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AWOJUGBAGBE LIGHT INDUSTRIES LIMITED v. P. N. CHINUKWE & ANOR

(1995) JELR 45365 (SC)

Supreme Court  •  SC.243/1992  •  7 Apr 1995  •  Nigeria

Coram
MOHAMMED BELLO JSC; IDRIS LEGBO KUTIGI JSC; MICHAEL EKUNDAYO OGUNDARE JSC; EMMANUEL OBIOMA OGWUEGBU JSC; SYLVESTER UMARU ONU JSC; YEKINI OLAYIWOLA ADIO JSC; ANTHONY IKECHUKWU IGUH JSC;

Judgement

BELLO, CJN (Delivering the Leading Judgment): This appeal raises very important question of law, particularly to bankers, on the validity of a loan and mortgage agreement when the morgagee performed his obligation under the agreement by lending to the mortgagor the sum of N215,000.00 and the mortgagor charged by way of first legal mortgage his property, No. 60-64 Ijebu Road, Ibadan, as security for the loan before the Governor of Oyo State gave his consent for the mortgage under Section 22 of the Land Use Act. The section provides:

"22(i) It shall not be lawful for the holder of a statutory right of occupancy granted by the Governor to alienate his right of occupancy or any part thereof by assignment, mortgage, transfer of possession, sublease or otherwise howsoever without the consent of the Governor first had and obtained:

Provided that the consent of the Governor:-

(a) shall not be required to the creation of a legal mortgage over a statutory right of occupancy in favour of a per…

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