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NATIONAL INVESTMENT AND PROPERTIES COMPANY LIMITED AND ANOR v. BANK OF WEST AFRICA LTD

(1962) JELR 91538 (SC)

Supreme Court  •  FSC 478/1961  •  7 Nov 1962  •  Nigeria

Coram
ADEMOLA, CHIEF JUSTICE, NIGERIA BAIRAMIAN, JUSTICE, SUPREME COURT TAYLOR ,JUSTICE, SUPREME COURT

Judgement

BAIRAMIAN, F.J

This appeal is against the judgment of de Lestang, C.J., High Court of Lagos in favour of the plaintiff Bank.

The Bank’s case was that Mansour had deposited three certificates of leasehold property in Lagos registered in his name under the Registration of Titles Act, to secure monies advanced or to be advanced to him and to Ali Mansour and Sons Ltd., or to either of them; that in or about March, 1956, he undertook in a memorandum (referred to as Exhibit P.6) to execute a legal mortgage, but did not do so when called upon in or about July 1957; that in February, 1958, the Bank lodged the certificates with the Registrar of Titles for a purpose; that on the 1st March, Mansour purported to assign the leases to the N.I.P.C. who obtained the certificates and on the 25th were registered as owners, but as the N.I.P. C. were then unincorporated, the registration was void, and yet they would not hand over the certificates; and that both Mansour and Ali Mansour and Sons Ltd. were he…

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