S.O. ODULAJA BLACK AND WHITE HOTEL LIMITED V. WEMA BANK LIMITED & ORS

UZO I. NDUKWE-ANYANWU, J.C.A. (Delivering the Leading Judgment): This is an appeal against the Ruling of the High Court of Lagos State sitting in Ikeja delivered on 6th of July, 1990. The Appellants as Plaintiffs had filed a Writ of Summons and thereafter filed a Statement of Claim. These two processes were later amended. The Plaintiffs/Appellants sought the following reliefs:

"1. A declaratory that the Deed of Mortgage dated 13th March, 1985 made between the 1st and 2nd Plaintiffs of the one Part and the 2nd Defendant of the other is null and void on the ground that the 2nd Defendant is (sic) not validly consent to the said transaction.

2. Alternatively, an order against the Defendants jointly and severally setting aside the sale of the said landed property of the 1st Plaintiff situate and know as No: 53 Coker Road, Ilupeju Lagos State by the 1st and 2nd Defendants.

3. Alternatively, an order against the Defendants jointly and severally setting aside the sale of the landed property o…