DR. SEBASTINE OKECHUKWU MEZU V. CO-PERATIVE & COMMERCE BANK NIG. PLC & ANOR

IGNATIUS CHUKWUDI PATS ACHOLONU, J.C.A. (Delivering the Leading Judgment): This case arose from an action by the plaintiff/appellant against the defendants/respondents, particularly, the first respondent to whom the appellant had mortgaged his property by a deed of conveyance sometime in 1976. The case of the appellant against the respondents is that he owned three pieces of property described as No. 6, 8 and 10, which said property were brought at different times by various deeds of conveyances. It is his case that he only mortgaged the property registered as No. 48, volume 86 of the land registry at Owerri. The property known as No 8 and 10 Mezu Lane, Owerri were the ones he asserted were mortgaged to the first respondent. However, the first respondent went and sold the property not mortgaged that is No. 6 Mezu Lane to the second respondent when he the appellant did not owe it. He further stated that in actual fact a Company known as Mezu International was indebted to the first resp…