BANK OF THE NORTH LIMITED V. ALHAJI A.A. ADEHI

BULKACHUWA JCA (DELIVERING THE LEADING JUDGMENT): By a writ of summons dated the 11th day of September 1996, the respondent as plaintiff initiated an action against the appellant and three others namely (1) Agricultural Credit Guarantee Scheme Fund; (2) Bank of the North Limited; (3) Mr. v. Uhiere; O.R.T. Briscoe Nigeria Limited, before the Idah High Court, Kogi State whereby he was claiming the following reliefs jointly and severally:

(1) A declaration that the plaintiff is no longer indebted to the 2nd defendant since the defendants recommended and bought dilapidated and unserviceable John Deere Tractors for him and which tractors have failed woefully on the farm. (2) A declaration that the purported deed of legal mortgage dated the 19th day of January, 1984 in respect of the plaintiff’s Plot situate at Central Motor Park, Ayangba covered by Certificate of Occupancy is illegal, null and void since it was obtained by deceit and fraud.

That in view of 1 and 2 above, the plaintiff is en…