DR. SEBASTINE OKECHUKWU MEZU V. CO-OPERATIVE & COMMERCE BANK NIGERIA PLC & ANOR

MARY UKAEGO PETER-ODILI, J.S.C. (Delivering the Leading Judgment): The Appellant commenced this action at the Imo State High Court, Owerri Judicial Division seeking the following reliefs:-

(i) A declaration that the plaintiff is the owner of the property known as and called Nos. 6, 8 and 10 Mezu Lane, Owerri and which is situate at the pieces or parcels of land known as and called "UHU-UMUOYIMA" and which are variously registered as instruments Nos.48/48/806, 6/6/889 in the office at Enugu but now at Owerri.

(ii) A declaration that the Plaintiff mortgaged only the property covered by instrument No. 48/48/806 to the 1st Defendant.

(iii) A declaration that the 1st Defendant has no right to sell the properties of the plaintiff to the 2nd Defendant in order to realize the debt owed to the 1st Defendant by the company Mezu International Limited.

(iv) N5,000,000.00 (Five Million Naira) being general damages for trespass.

(v) An injunction restraining the Defendants from entering into and…