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UNITED BANK OF AFRICA PLC & ORS. V. MICHAEL ADEDAPO ADEMOLA

(2008) JELR 46827 (CA)

Court of Appeal  •  CA/B/130/2005  •  14 Apr 2008  •  Nigeria

Coram
SAKA ADEYEMI IBIYEYE JCA; STANLEY SHENKO ALAGOA JCA; GEORGE OLADEINDE SHOREMI JCA;

Judgement

GEORGE OLADEINDE SHOREMI, JCA (Delivering the leading judgment): The Respondent in this case by a writ of summons filed in the lower court claims as follows:

"The Plaintiffs claim jointly and severally against the defendants is for:-

1. Declaration that the purported sale of the Plaintiffs Landed property situated at Block 'E' Plot 5 on Isikan Family Layout off Akure Ondo Road, described and Delineated on Survey Plan Number MAW/625176, to an unknown person and previously mortgaged to the National Bank of Nigeria vide No. 29 at page 29 in volume 231 in the Lands Registry, Akure is illegal, Null, void and of no effect whatsoever.

2. Perpetual Injunction restraining the 2nd Defendant and or any of His Commissioners and in particular the 3rd defendant from giving the Governor's consent to any transfer or dealing on the said landed property by any person or unknown buyer under the Lands use Act.

3. Injunction restraining the 4th defendant and or the 3rd defendant from effecting any registr…

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