<p>JAMES SHEHU ABIRIYI, J.C.A. (Delivering the Leading Judgment): This appeal is against the judgment delivered on 12th July, 2010 in the High Court of Borno State holden at Maiduguri.</p><p>The claim of the Appellant as Plaintiff in the High Court (the Court below) against the Respondent who was the Defendant and counterclaimant was for the following:</p><p>i. An order declaring the consent to mortgage property covered by Right of Occupancy No. BO/26170 as null and void.</p><p>ii. An order setting aside the registration of his property BO/26170 as legal mortgage to the defendant and registered as No. 341 at page 341.</p><p>iii. An injunction restraining the Defendant from advertising, selling, appointing Receiver Manager or otherwise doing anything towards the disposal of property covered by Right of Occupancy No. BO/26170.</p><p>iv. Cost.</p><p>The Respondent counterclaimed from the Appellant the following:</p><p>a. A declaration that there is an equitable mortgage created over property covered by certificate of occupancy No. NE/1619…</p>