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UNITY BANK PLC v. SOKOTO RIMA AND RURAL DEVELOPMENT AUTHORITY & ANOR

(2015) JELR 42255 (CA)

Court of Appeal  •  CA/K/378/04  •  24 Jul 2015  •  Nigeria

Coram
ISAIAH OLUFEMI AKEJU JCA; HABEEB ADEWALE OLUMUYIWA ABIRU JCA; OLUDOTUN ADEBOLA ADEFOPE-OKOJIE JCA;

Judgement

OLUDOTUN ADEBOLA??ADEFOPE-OKOJIE, J.C.A. (Delivering the Leading Judgment):?? This is an appeal against the decision of the Kano State High Court delivered on 22/07/2002 by Hon. Justice A.M Haliru (of blessed memory), wherein the Appellant's Motion to set aside the attachment and auction sale notice of the properties of the 2nd Respondent mortgaged to the Appellant under a Deed of Mortgage Debenture, was dismissed.

The Appellant, dissatisfied with the Ruling of the Court, filed a Notice of Appeal on 23/7/2002, containing three grounds. The 1st Respondent, dissatisfied with the assumption of jurisdiction by the lower Court to entertain the application, cross appealed, raising, by its Amended Notice of cross Appeal filed on 31/10 /13, one ground of appeal.

Briefs of Argument were filed in respect of the various appeals. By its Amended Appellant's Brief of Argument of 17/3/15 and settled by Felix Jones Osimerha, a sole issue for determination was raised, namely:

Whether or not the lower …

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