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VICTOR N. CHUKWUOKEKE v. NIGERIA AGRICULTURAL CO-OPERATIVES & RURAL DEVELOPMENT BANK LIMITED & ORS

(2018) JELR 34409 (CA)

Court of Appeal  •  CA/YL/14/2016  •  11 Jul 2018  •  Nigeria

Coram
OYEBISI FOLAYEMI OMOLEYE JCA; JAMES SHEHU ABIRIYI JCA; SAIDU TANKO HUSSAINI JCA;

Judgement

JAMES SHEHU ABIRIYI, JCA (Delivering the Leading Judgment): This appeal is against the judgment delivered on 13th May, 2013 in the High Court of Taraba State holden at Jalingo.

In the High Court (the Court below), the Appellant as plaintiff by an originating summons claimed against the Respondents as defendants for the following:

1. A DECLARATION that the 1st Defendant has no legal right/or power of sale arising from the loan transaction between her and the Plaintiff.

2. A DECLARATION that the purported exercise of the power of sale by the 1st Defendant over the landed property of the of the plaintiff is null and void.

3. A DECLARATION that the 2nd Defendant being an agent of the 1st Defendant, lacked the competence to auction off the landed property of the Plaintiff in view of her principals lack of power to so exercise the power of sale in the said transaction.

4. A DECLARATION that the 2nd Defendant who was not licensed under the Auctioneers Law of Taraba State cannot validly conduct an…

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