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OLUFUNMILAYO A. ODUTOLA & ANOR. V. FIRST BANK OF NIGERIA LTD. & ANOR.

(2000) JELR 43807 (CA)

Court of Appeal  •  CA/I/M.132/99  •  19 Jan 2000  •  Nigeria

Coram
MORONKEJI OMOTAYO ONALAJA JCA; FRANCIS FEDODE TABAI JCA; OLUFUNLOLA OYELOLA ADEKEYE JCA;

Judgement

ONALAJA, J.C.A. (Delivering the Lead Ruling): By a writ of summons filed at the High Court of Ogun State Ijebu Ode judicial division the plaintiffs now Appellants/Applicants in this ruling prayed the said court as follows:-

"(1) An order directing the 1st Defendant to furnish to the Plaintiffs a proper Statement of account showing the interests on the sum borrowed by the 2nd Plaintiff from the said 1st defendant and secured by a deed of Legal Mortgage dated 30th January, 1988 and registered as No.2 at page 2 in Volume 293 of the Register of titles formally kept at the Lands Registry Ibadan now at ABEOKUTA.

(2) An order of perpetual injunction restraining the defendants, their servants, agents and or privies or however from taking any steps or any further steps towards selling by public auction or by any other means disposing of the 1st Plaintiff's property known as No. 6 Ejirin Road Mobalufon Ijebu Province, Ogun State".

After service of the writ of summons on the 1st and 2nd Defenda…

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