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UNION BANK OF NIGERIA PLC & ANOR V. AYODARE & SONS (NIG.) LTD. & ANOR

(2007) JELR 21928 (SC)

Supreme Court  •  SC.375/2001  •  27 Apr 2007  •  Nigeria

Coram
UMARU ATU KALGO JSC; GEORGE ADESOLA OGUNTADE JSC; ALOMA MARIAM MUKHTAR JSC; WALTER SAMUEL NKANU ONNOGHEN JSC; CHRISTOPHER MITCHELL CHUKWUMA-ENEH JSC;

Judgement

G. A. OGUNTADE, JSC (Delivering the Leading Judgment) : The respondents in the appeal were the plaintiffs at the Lokoja High Court of Kogi State where they claimed against the appellants as the defendants the following reliefs:

"(i) A declaration that the plaintiff could not be indebted to the 1st defendant to the sum of ₦307,680.25 or any sum at all, when the plaintiff should have outstanding credit balance as a result of several payment which are in excess of the limited ₦45,000.00 covered by purported two deeds of legal mortgage.

(ii) A declaration that the purported deed of mortgage dated 2nd September, 1980; and 7th July, 1981 registered as no. 78 at page 78 in vol. xii (misc) and no. 81 at page 81 in vol. xv (misc) at the land registry Ilorin in respect of plaintiff's landed property in Lokoja and Kabba respectively be declared null and void and of no effect in that:-

(a) It was not duly executed as required by law.

(b) No consent was sought and obtained from the appropriate aut…

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