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CHIEF BELONWU UGOCHUKWU V. COOPERATIVE & COMMERCE BANK (NIGERIA) LIMITED

(1996) JELR 45367 (SC)

Supreme Court  •  SC.24/1993  •  2 Jul 1996  •  Nigeria

Coram
SALIHU MODIBBO ALFA BELGORE JSC; IDRIS LEGBO KUTIGI JSC; MICHAEL EKUNDAYO OGUNDARE JSC; UTHMAN MOHAMMED JSC; YEKINI OLAYIWOLA ADIO JSC;

Judgement

KUTIGI, JSC (Delivering the Leading Judgment): By paragraph 22 of his Amended Statement of Claim the plaintiff claimed against the defendant as follows:-

"A. Declaration that the Deed of Legal Mortgage purportedly made between the plaintiff as Mortgagor and the defendant as Mortgagee registered as No. 39 at page 39 in volume 208 of the Land Registry in the office at Owerri is otiose, null and void or in any event unenforceable against the plaintiff's property at No. 239 Cameroun Road, Aba.

B. An injunction perpetually restraining the defendant by itself or through privies acting on its behalf from exercising any rights pursuant to the said mortgage by way of sale or otherwise of the plaintiff's property known as No. 239 Cameroun Road, Aba.

C. Declaration that upon a proper account taken, the plaintiff is not owing the defendant the sum of ₦1,047,249.00 as claimed by the defendant in its letter of the 22nd of July, 1988 addressed to the plaintiff.

D. The sum of ₦73,217.54 being refund…

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