(2002) JELR 44424 (CA)    

Court of Appeal  ·  CA/B/22/2000 ·  13 Jun 2002 ·  Nigeria
Other Citations
Aiyetoro Comm. Trad. Co. Ltd. v. N.A.C.B. Ltd. [2003] 12 NWLR (Pt.834)346
RAPHAEL OLUFEMI ROWLAND Justice of The Court of Appeal of Nigeria BABA ALKALI BA’ABA Justice of The Court of Appeal of Nigeria SAKA ADEYEMI IBIYEYE Justice of The Court of Appeal of Nigeria
Core Terms Beta
learned trial judge
2nd appellant
lower court
loan agreement
piece of land
1st defendant
trial court
1st appellant
favour of the respondent
appellate court
grounds of appeal
overseas ship builders
trial judge
learned trial judge ought
support of his submission
actual amount of money
amended statement of claim
following issues
loan agreement of 8th october
totality of the evidence
1st january
briefs of argument
case of the 2nd appellant
central bank of nigeria
debit notes exhibits f-f37
disbursements of the loan
due process of law
facts of the case
honourable court
judgment of the ondo state high court
leading judgment
learned trial judge inter alia
negative findings
order of this court
part of the respondent
payments of all such monies
plaintiff claims
plaintiff of vacant possession of the mortgaged properties
procedure of this court
repayments of the principal sum
said exhibits f-f37
said sum of n1,852,342.71
said trawlers
support of their respective cases
use of exhibits f-f37

BA'ABA, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of the Ondo State High Court, holden at Okitipupa, in the Okitipupa Judicial Division, delivered on 4th May, 1989. The respondent was the plaintiff at the lower court, where it instituted an action against the appellants, who were the defendants, claiming against the appellants as per paragraph 13 of the amended statement of claim as follows:-

"Wherefore the plaintiff claims:-

(i) Payments of all such monies due to the plaintiff and such costs as would be payable if this claims were the only relief granted.

(ii) Foreclosure or sale in default of payment of the said three landed properties namely:-

(a) A piece of land along Igbokoda/Okitipupa road in Igbokoda measuring 4283.408 square metres covered by a deed of conveyance dated 15th February, 1978, registered as No. 49 at page 49 in volume 62 at the Lands Registry at Akure.

(b) A piece of land along Igbokoda/Okitipupa road in Igbokoda Measuring …

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