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DICKSON IMASOGIE v. CO-OPERATIVE BANK LTD & ANOR.

(2002) JELR 47511 (CA)

Court of Appeal  •  CA/B/179/99  •  9 Jul 2002  •  Nigeria

Coram
RAPHAEL OLUFEMI ROWLAND JCA; BABA ALKALI BA'ABA JCA; SAKA ADEYEMI IBIYEYE JCA;

Judgement

BABA ALKALI BA'ABA, J.C.A. (Delivered the Leading Judgment): This is an appeal against the Ruling of the Edo State High Court, holden at Benin Judicial Division, delivered on 29th of July, 1994. The appellant, who was the plaintiff at the trial Court, instituted an action against the respondents who were the defendants and as per paragraph 25 of his statement of claim, claimed:

"25. WHEREFORE, the plaintiff claims against the Defendants as follows: As against the 1st Defendant only:

(a) A declaration that the Deed of Mortgage dated 15th March, 1977 and registered as Instrument No. 1 at page 1 in Volume 425 of the Lands Registry in the office at Benin City with 1st Defendant as Mortgage is null and void of no effect whatsoever and should therefore be set aside.

(b) A declaration that the purported sale to the 2nd defendant of the property comprised in the aforesaid Mortgage Deed is ultra vires the 1st Defendant fraudulent, null and void and should therefore be set aside by this Honoura…

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