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AL-BRAIYAH ALHAJI JIBRIN BALA V. INTERCITY BANK PLC

(2009) JELR 47343 (CA)

Court of Appeal  •  CA/A/58/M/06  •  18 Feb 2009  •  Nigeria

Coram
UWANI MUSA ABBA-AJI JCA; MARY U. PETER - ODILI JCA; OYEBISI FOLAYEMI OMOLEYE JCA;

Judgement

MARY U. PETER-ODILI, J.C.A: (Delivering the Leading Judgment): The Respondent as Plaintiff in the Court below presided over by the Hon. Justice Maria Zanda Zukogi of the Niger State High Court sitting in Minna claimed as follows at page 81 of the Record:-

The sum of N9,362,425.04k (Nine million, three hundred and sixty two thousand, four hundred and twenty-five naira, four kobo) being the balance of loan (unpaid) granted by the plaintiff to the Defendants/now Appellants. With interest at 21%per annum from the date this suit was filed and thereafter 10% interest till the entire sum is fully and wholly liquidated.

ALTERNATIVELY

An order of the court allowing the plaintiff to exercise its power of sale (as contained in the Deed of Legal Mortgage executed by the Defendants in favour of the plaintiff) to sell and dispose off the mortgaged property located at Suleja covered with Certificate of Occupancy NGS 19389 and use proceeds in satisfaction of the debts of the defendants

FACTS:-

The Ap…

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