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A. O. EGHOBAMIEN v. FEDERAL MORTGAGE BANK OF NIGERIA

(2002) JELR 43851 (SC)

Supreme Court  •  SC.119/1997  •  12 Jul 2002  •  Nigeria

Coram
IDRIS LEGBO KUTIGI JSC; EMMANUEL OBIOMA OGWUEGBU JSC; UTHMAN MOHAMMED JSC; SAMSON ODEMWINGIE UWAIFO JSC; AKINTOLA OLUFEMI EJIWUNMI JSC;

Judgement

U. MOHAMMED, J.S.C. (Delivering the Leading Judgment): This is an appeal from the decision of the Court of Appeal, Benin Division. In a unanimous decision, the Court of Appeal set aside the judgment of Edokpayi, J. of Edo High Court which was delivered in favour of the plaintiff, Mr. A. O. Eghobamien, against the Federal Mortgage Bank of Nigeria. The suit was originally filed before Obi, J., who was then a Judge of the High Court of Bendel State. The claim filed by the plaintiff is as follows:

"(a) A declaration that the plaintiff is the owner and entitled to the original document of all that property registered as No.3 at page 3 in volume 623 at the office at Benin which has been in possession of the defendant.

(b) An order for the defendant to surrender to the plaintiff forthwith the original document of title registered as No.3 at page 3 in volume 623 at Benin city.

(c) The sum of N500, 000.00 as general damages suffered by the plaintiff as a result of the failure and or refusal o…

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