UNITED BANK FOR AFRICA LIMITED V. IAS & CO. LIMITED L. A. SHOYOMBO

OGUNTADE JCA (DELIVERING THE LEAD JUDGMENT): The respondent in this appeal was the plaintiff in suit No. ID/22/91 and had claimed against the appellant, as the defendant, the following reliefs:

“(1) Declaration that the deed of legal mortgage dated 25th November, 1983 and registered as No. 91 at page 91 in volume 1854 of the Land Registry kept at Lagos made between the plaintiffs and the defendant is null and void and of no effect whatsoever. 2. Declaration that the defendant has no right or power to appoint a receiver in respect of the business of the 1st plaintiff or to sell the property of the said plaintiff situate lying and being at 73, Olateju Street, Challenge, Mushin, Lagos (Formerly known as 81 Olateju Street and 77 Olateju Street, Challenge, Mushin, Lagos) comprised the Deed of Conveyance dated 31st August, 1959 and registered as No. 16 at page 19 in volume 332 of the Land Registry at Ibadan, now in Lagos. 3. Injunction restraining the defendant, its servants, agents or priv…