(2000) JELR 39806 (CA)    

Court of Appeal  ·  CA/K/67/99 ·  21 Jun 2000 ·  Nigeria
Other Citations
Afribank (Nig.) Plc v. Alade (2000) 13 NWLR (Pt.685)591
Afribank (Nig.) Plc v. Alade (2000) 13 NWLR (Pt. 685) 591
ISA AYO SALAMI Justice of The Court of Appeal of Nigeria MAHMUD MOHAMMED Justice of The Court of Appeal of Nigeria VICTOR AIMEPOMO OYELEYE OMAGE Justice of The Court of Appeal of Nigeria
Core Terms Beta
favour of the appellant
printed record
enforceable legal mortgage
judgment of the court
lower court
public auction
statement of claim
appropriateness of the issues
learned trial judge ought
respect of the respondent
answer of the above question
case show
certificate of occupancy number lkn
decision of the trial court
enforcement of the provision of the legal mortgage
fact conclusions
finding of facts of the learned trial judge
findings of facts of the learned trial judge
following sums n24,231
formal demand notice
general damages of n150,600
housing loan
instant case
issue c of the respondent
leading judgment
learned trial high court
legal owner of the property
mortgage bank
order of court
original copy of the deed of legal mortgage
original ground of appeal
parties of a legal mortgage
plaintiff certificate of occupancy
proved default of the mortgagor
said property
statutory occupier of the said landed property
statutory right of sale
testimony of pw
utmost disregard of the evidence
view of the contention of the respondent
weight of evidence regard

OMAGE, J.C.A. (Delivering the Leading Judgment): In his amended statement of claim, in the Court below, the plaintiff now Respondent in this appeal claimed as follows:-

"1. A declaration that the plot of land No. 826, which situates at No. 25 Link Road Nassarawa Quarters Gyadi Gyadi-Kano, which land is covered by a certificate of occupancy number LKN/CON/RES/81/471 on mortgage to the defendant, now Appellant in this appeal is not subject to, and does not confer on the defendant/appellant any statutory right of sale. That the defendant does not possess any right on the said property.

2. A declaration that the plaintiff/respondent is still the statutory occupier of the said landed property.

3. Perpetual injunction restraining the defendant now appellant from selling the landed property, and

5. General damages of N150,600 for loss of job, delay caused and unlawful refusal to hand over the plaintiff certificate of occupancy to the mortgage bank."

The defendant in its statement of defenc…

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