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EKPO v. GTB PLC & ANOR

(2018) JELR 87109 (CA)

Court of Appeal  •  CA/C/324/2013  •  30 Nov 2018  •  Nigeria

Coram
MUHAMMED LAWAL SHUAIBU, J.C.A,MOJEED ADEKUNLE OWOADE, J.C.A,YARGATA BYENCHIT NIMPAR, J.C.A.

Judgement

MUHAMMED LAWAL SHUAIBU, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of the High Court of Cross River State delivered on the 18th day of March, 2013 wherein the learned trial judge dismissed the claimant’s claim as lacking in merit. The appellant who was the claimant at the trial Court claimed against the respondents herein as follows: (a) A declaration that the Deed of Legal Mortgage entered into between the 1st defendant and 2nd defendant in respect of the piece of land (including the building) situate at No.12 Abitu Avenue, Calabar whereby the plaintiff suretied was done without the actual disclosure of the viability of the 2nd defendant to the plaintiff but with misrepresentation of facts which constitute fraud to the entire mortgage transaction between the 1st and 2nd defendants.

(b) An Order setting aside the Deed of Legal Mortgage dated 7th April, 2005 between the 1st and 2nd defendants whereby the plaintiff suretied as a 3rd party guarantor a…

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