FIRST BANK OF NIGERIA PLC & ANOR V. ARCHIBONG UDO OKON

MOJEED ADEKUNLE OWOADE, J.C.A. (Delivering the Leading Judgment): This is an appeal against the Judgment of Hon. Justice F. U. Ilok of Calabar Judicial Division of the Cross River State High Court delivered on 3rd March, 2009.

The Respondent was the Plaintiff/Defendant to counter-claim while the 1st Appellant was the Defendant/Counter claimant at the trial High Court. The 2nd Appellant was the Auctioneer engaged by the 1st Appellant to sell the mortgaged property.

It would appear from the incomplete records collated for this appeal that the suit was commenced by the Respondent as Plaintiff on 20/10/1991 while the Defendants filed a Statement of Defence and Counter claim on 22-2-1992. The visible processes contained in the record of proceedings and on which the trial was based are Amended Writ of Summons and Amended Statement of Claim filed on 8/12/2005.

Amended Statement of Defence and Counter claim consequent on the order of Court of 25/2/2005 and filed on 4/3/2005 and Amended Reply …