ALHAJI AUDU SHUGABA V. UNION BANK OF NIGERIA PLC.

WALI, JSC (Delivering the Lead Judgment): It is pertinent to set out the sequence of events in this case leading to the filing of action in the High Court of Borno State, sitting in Maiduguri.

Alhaji Audu Shugaba, the plaintiff/appellant is a customer of the defendant/respondent. On October 30th, 1987, the appellant filed suit No. M/135/87 in which he prayed for the following reliefs:-

“(a) A declaration that the purported deed of legal mortgage in respect of and covered by certificate of occupancy No. BO/3131 and known as International Airport Hotel, Maiduguri and situate along Kano Road, Maiduguri, registered in favour of the defendant is illegal, null and void and of no effect whatsoever.

(b) An order perpetually restraining the defendant, its agents, servants or privies from auctioning, selling or in any way disposing of the property covered by certificate of occupancy No. BO/3131 in pursuance of or under the purported deed of legal mortgage, illegally and unlawfully registered in f…