MR. TOLULOPE ODEBIYI V. WEMA BANK PLC & ORS

SAMUEL CHUKWUDUMEBI OSEJI, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of the High Court of Lagos State delivered on the 26th day of May 1998 by Adeniyi J. wherein the Plaintiff's claim was dismissed.

The Appellant herein had as Plaintiff filed a writ of Summons dated 24-3-1992 at the trial court against the Defendants (now Respondents) and as per the amended statement of claim filed on 8-12-1992 sought the following reliefs in paragraph 28 therein:

(i) Declaration that the purported "Sale" by "Auction" of the property known as Plot 21, Block X Dideolu Estate, Victoria Island, Lagos by the 2nd defendant on 11th November, 1991 in the purported execution of the judgment Debt and Costs awarded in Suit LD/1248/84 is ultra vires, invalid, null and void and of no effect.

(ii) Alternatively, an order setting aside the aforesaid purported sale of the Plaintiffs land in issue.

(iii) An order of perpetual injunction to restrain the Defendants from acting as …