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MRS. ADEKEMI SONUGA & ANOR V. THE BRANCH MANAGER & ANOR

(2011) JELR 33412 (CA)

Court of Appeal  •  CA/L/526/2008  •  18 Jul 2011  •  Nigeria

Coram
RAPHAEL CHIKWE AGBO JCA; IBRAHIM MOHAMMED MUSA SAULAWA JCA; RITA NOSAKHARE PEMU JCA;

Judgement

R.C. AGBO, J.C.A (Delivering the Leading Judgment): The appellants are the administrators of the estate of late Adedoyin A. Sonuga. Late Sonuga had title to property situate at No.8, Ogunfowokan Street, Okota, Lagos. He took a loan from the respondents to develop the said No.8, Ogunfowokan Street, Okota, Lagos. The first appellant was late Sonuga's wife.

The late Sonuga entered into a legal mortgage of the property with the respondents. The said property was developed and the loan repaid.

The legal mortgage was discharged. But the documents of title of the property were not released to late Mr. Sonuga until he died. The appellants on obtaining letters of administration of the estate of the late Sonuga asked the respondents to release to them the documents of title of the said property. The respondents refused claiming that the fate Sonuga was a guarantor of a debtor company owing the respondents and had deposited the documents of title as security for the contract of guaranty. The ap…

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