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SKYE BANK PLC. & ANOR. V. CHIEF MOSES BOLANLE AKINPELU

(2010) JELR 47753 (SC)

Supreme Court  •  SC.38/2003  •  5 Mar 2010  •  Nigeria

Coram
NIKI TOBI JSC; ALOMA MARIAM MUKHTAR JSC; IKECHI FRANCIS OGBUAGU JSC; JAMES OGENYI OGEBE JSC; JOHN AFOLABI FABIYI JSC;

Judgement

J.O. OGEBE, J.S.C:(Delivering the Leading Judgment): The respondent who was the plaintiff at the High Court sued the appellants as the defendants before the High Court of Justice Ibadan on the 31st July, 1999 seeking the following reliefs:

"1. The Plaintiff's claim is for perpetual injunction restraining the Defendants by themselves or their Agents, Servants and Privies or otherwise howsoever from taking any steps or further steps towards or in pursuance of the decision by the 1st Defendant, through the 2nd Defendant or anybody whatsoever to sell the Plaintiffs property situate, lying and being at Ijebu-Ode/Ibadan Motor Road, Ibadan in Oluyole Local Government Area, Ibadan in Oyo State of Nigeria and as described in the Lands Registry as Instrument No. 56 at page 56 in Volume 434 and Certificate of Occupancy Registered as instrument No. 1 at page 1 in Volume 2974 in the Lands Registry in the Office at Ibadan in satisfaction on the mortgage allegedly taken by one Mr. S.A. Oshinowo who…

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