judy.legal
Login Register

OWONIBOYS TECH. SERVICES LTD. V. UNION BANK OF NIG. LTD.

(2003) JELR 15757 (SC)

Supreme Court  •  SC.168/1999  •  11 Jul 2003  •  Nigeria

Coram
UTHMAN MOHAMMED JSC; ALOYSIUS IYORGYER KATSINA-ALU JSC; UMARU ATU KALGO JSC; SAMSON ODEMWINGIE UWAIFO JSC; AKINTOLA OLUFEMI EJIWUNMI JSC;

Judgement

A. O. EJIWUNMI, JSC (Delivering The Leading judgment): The thrust of this appeal filed against the judgment of the Court of Appeal (Kaduna Division Coram, Ogebe, M. Mohammed and Muhammad, JJCA) was for the purpose of overturning the judgment of that court which had reversed the judgment of the trial court. In that court, the appellant had commenced this action against the respondent for the following claims as per para. 32 of its further amended statement of claim:

"(i) Declaration that the mortgages between the plaintiff and the defendant covering the plaintiff's property situate, lying and being at Taiwo Road, Ilorin are illegal, unlawful, unenforceable and irregular.

(ii) An order setting aside the mortgages.

(iii) Alternatively, declaration that the defendant is not entitled to sell any property of the plaintiff without complying with the Land Use Act and Auctioneers Law applicable to Kwara State.

(iv) Declaration that the defendant is only entitled to charge on the plaintiff's …

There's more. Sign in to continue reading

JUDY is the comprehensive database of case law and legislation from Ghana, Kenya and Nigeria. Gain seamless access to over 20,000 cases, recent judgments, statutes, and rules of court.


Get started   Login