PASTINOR INVESTMENT COMPANY LIMITED & ANOR V. BANK OF THE NORTH & ANOR

ITA GEORGE MBABA, J.C.A. (Delivering the Leading Judgment): This is an appeal against the Rulings of Kano State High Court in Suit No. K/178/2000, delivered on 11/7/2003 and 16/7/03 by Hon. Justice Wada Omar Abubakar, terminating the Appellants' claim for non-disclosure of cause of action and ejecting them from the premises they occupied, by means of ex-parte order, without putting them on notice.

Appellants were the Plaintiffs at the lower Court. By amended writ of summons and statement of claim, filed on 26/7/2000, Appellants had claimed against the Respondents (who were defendants at the Court below) as follows:

"(1) A declaration that the exercise of the power of sale by the 1st Defendant of the 2nd Plaintiff's immovable properties situate and lying at Plot 204 Kawaji Quarters, Kano and covered by Certificate of Occupancy No. WLN/RES/RC/81/183, under the Legal Mortgage registered by the 1st Defendant on 13/12/91 in the sum of N1,320,000.00 only, involved collusion and constructive…