UNION BANK OF NIGERIA PLC. V. HENRY TIVDE ADOM FRANCIS OGBE EHENCHE

MUKHTAR, JCA (Delivering the Lead Judgment): As per the claim of the respondent, (the plaintiff) in the lower court) in his amended statement of claim, which supercedes the writ of summons (see Lahan v. Lajeyetara (1972) 6 SC 190) he sought the following reliefs:- 18(a) An order setting aside the sale of the plaintiff ’s premises covered by certificate of occupancy No. BN 2391 Makurdi on the ground that the purported sale was illegal and absolutely void. An order of perpetual injunction restraining the defendant from further purporting to sell off any property of the plaintiff without any court writ.

One hundred thousand Naira (N100,000.00) as general damages for trespass and illegal sale of the plaintiff’s property.

The case of the plaintiff is that he entered a mortgage deed with the defendant in 1976 for an aggregate sum of N40,000 which was fully paid up in 1980. At a later period, when he got a contract the defendant allowed the plaintiff to overdraw his company account, but th…