MUSDAPHER, J.S.C. (Delivering the Leading Judgment): This is an appeal against the judgment of the Court of Appeal sitting in Jos, Plateau State delivered on the 9th of December, 1998, wherein the appeal of the appellants herein was dismissed, thus affirming the decision of the trial High Court of Borno State. The claim of the appellants, herein, as the plaintiffs, before the trial court as per paragraph 24 of the further amended statement of claim/and reply to counter-claim was in these terms:-
"1. Declaration that the purported deed of legal mortgage dated 13th October, 1982 between the parties to this case is void, ineffective and of no effect whatsoever.
2. That there is no legal mortgage existing between Ali Pindar Kwajaffa, Hussaini M. Aliyu and Ali Pindar Kwajaffa Garage Ltd. and the Bank of the North relating to the properties covered by certificates of occupancy Nos. BO/1621 and NE/1367 purportedly mortgaged to the defendant by the plaintiffs.
3. Declaration that the secon…