MOJEED ADEKUNLE OWOADE, J.C.A. (Delivering the Leading Judgment): This is an appeal from the judgment of the High Court of Justice, Akwa Ibom State holden at Uyo delivered on 28th October, 2013 by Hon. Justice Andrew E. Okon.
By a Writ of Summons accompanied by Statement of Claim filed on 13th May, 2010, the Respondent as Plaintiff sued the Appellants/Defendants jointly and severally as follows:
1. A DECLARATION that there is no mortgage agreement between the Plaintiff and the 1st and 3rd Defendants legalizing the use of Plaintiff’s property as security for the loan granted the 3rd Defendant.
2. A DECLARATION that any purported deed of mortgage founding on the Plaintiff's property is null and void.
3. A DECLARATION that the estate and interest in the Plaintiff's property at no time passed to the 1st Defendant.
4. AN ORDER of perpetual injunction restraining the 1st Defendant, her agents, privies, managers, receivers or any person acting in that behalf from auctioning, selling or disposing …