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ELDER HENDERSON ENYINNA SOMIARI JUMBO V. ASSET MANAGEMENT CORPORATION OF NIGERIA & 2 ORS

(2020) JELR 87232 (CA)

Court of Appeal  •  CA/PH/244/2019  •  22 Jun 2020  •  Nigeria

Coram
E.O. WILLIAMS-DAWODU, JCA MOHAMMED MUSTAPHA, JCA JAMES GAMBO ABUNDAGA, JCA

Judgement

JAMES GAMBO ABUNDAGA, J.C.A. (Delivering the Leading Judgment): This is an appeal against the ruling and judgment of the Federal High Court, holden at Port-Harcourt, delivered on 15/10/2018 by Hon. Justice I.M. Sani in suit No: FHC/PH/CS/45/2018.

In brief, the ruling and judgment is predicated upon an originating summons, dated and filed on 3rd April, 2018 in which the Respondents sought the determination of two questions arising from the construction of the deed of Tripartite Legal Mortgage dated 24th May, 2000 and registered as No. 37 at pages 37 in volume 267 of the Land Registry, Port – Harcourt between the Appellant, the 1st Respondent and the 2nd respondent. Upon the affirmative determination of the questions the Respondents prayed for 8 reliefs which are declaratory injunctive and directive.

The originating summons is supported by an affidavit of 24 paragraphs deposed to by one Georgelina Edoka. Also filed on behalf of the 1st Respondent is a further affidavit deposed to by Georg…

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