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ACCESS BANK PLC
V.
TRILO NIGERIA COMPANY LTD & ORS

(2013) JELR 35263 (CA)

Court of Appeal 9 Dec 2013 Nigeria
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- The plaintiffs (Respondents) sued to set aside the sale of mortgaged property, alleging sale at gross undervalue (N12m as against N35m forced sale value), lack of statutory notices, and fraud, while the first and third defendants (includi

Case Details

Suit Number:CA/K/22/2012
Judges:THERESA NGOLIKA ORJI-ABADUA Justice of The Court of Appeal of Nigeria ITA GEORGE MBABA Justice of The Court of Appeal of Nigeria HABEEB ADEWALE OLUMUYIWA ABIRU Justice of The Court of Appeal of Nigeria
Counsel:J. M. M. Majiyagbe Esq; For Appellant N. A. Danjiri Esq; For Respondent

THERESA NGOLIKA ORJI-ABADUA, J.C.A. (Delivering the Leading Judgment): In the Plaintiff's Joint Statement of Claim filed before the Kano State High Court dated the 13th September, 2006, the plaintiffs, now the Respondents in this appeal, claimed against three Defendants, of whom, one was Global Bank Plc, but, later taken over by Intercontinental Bank Plc, and which, in turn, was bought over by the present Appellant, i.e. Access Bank Plc; the following:

"1. An order setting aside the purported sale of 2nd Plaintiff's property covered by Certificate of Occupancy No. LKN/RES/98/35 to the 3rd Defendant for being unlawful, irregular, null and void.

2. An order that the sale of the 2nd plaintiff's landed property covered by Certificate of Occupancy No. LKN/RES/98/35 by the 1st Defendant at the cost of N12 Million was a breach of the 1st Defendant's statutory and fiduciary duties to the 2nd plaintiff.

3. An order that the sale or the purported sale of the 2nd Plaintiff's property covered by …

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