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ALHAJI KAYODE SALAMI V. WEMA BANK NIGERIA PLC & ORS.

(2009) JELR 47291 (CA)

Court of Appeal  •  CA/L/347/05  •  3 Jul 2009  •  Nigeria

Coram
RAPHAEL CHIKWE AGBO JCA; REGINA OBIAGELI NWODO JCA; ADAMU JAURO JCA;

Judgement

RAPHAEL CHIKWE AGBO, JCA, (Delivering the Leading Judgment): Late Alhaja Amudat S. Salami was the mother of the appellant. She was the owner of a property situate at Plot 3, Daddy Adediran Street, Ire Akari Estate Isolo, Lagos State. She was a customer of the 1st respondent. She took overdraft facilities from the 1st respondent and secured same with a legal mortgage of her property statute at Plot 3 Daddy Adediran Street, Ire-Akari Estate Isolo, Lagos State. The mortgage Deed tendered at the trial as exhibit "D3" was executed on 27th November, 1989 while the contested document containing the Governor's consent to mortgage property is dated 27th August, 1979. The sum secured ex-facie exhibit "D3" was N62,000.00. By a letter dated 22nd March, 1985 the 1st respondent foreclosed the mortgage subject only to Alhaja Salami paying within one month the sum of N118,809.41. Alhaja Salami proceeded against the 1st and 2nd respondents in suit No. ID/453/85 on their advertising the property for sa…

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