(2005) JELR 39909 (CA)    

Court of Appeal  ·  CA/IL/M.5/2004 ·  22 Jun 2005 ·  Nigeria
Other Citations
AKINYELE v. AFRIBANK PLC & ANOR (2005) 17 NWLR (Pt. 955) Pg. 504
Akinyele v. Afribank Plc. (2005) 17 NWLR (Pt. 955) 504
MUHAMMAD SAIFULLAHI MUNTAKA-COOMASSIE Justice of The Court of Appeal of Nigeria ABOYI JOHN IKONGBEH Justice of The Court of Appeal of Nigeria TIJJANI ABDULLAHI Justice of The Court of Appeal of Nigeria
Core Terms Beta
senior counsel
lower court
1st respondent
2nd defendant
learned senior counsel
purported notice of auction
trial court
auction notice
evidence of the appellant
issue no.2
trial judge
duty of the court
following reliefs
house of the plaintiff
no.5 fogo oluwahan street
notice of appeal
purported sale of the plaintiff
2nd time
above issues
appellant of its intention
auction posters
burden of prove lies
claim of the appellant
customer of the 1st respondent
decision of the high court of justice
evidence of legal consequences of action
facts of the case
high court
holding of the learned trial judge
joint statement of defence
judgment of the trial court
kwara state
leading judgment
licensed auctioneer
main branch
matter of fact
muhammad saifullahi muntaka-coomassie
negative evidence
plaintiffs claim
proper appraisal of the evidence
public auction of the property
purported auction notice law
requirement of the law
said judgment
vision of the trial judge

TIJJANI ABDULLAHI, J.C.A.(Delivering the Leading Judgment): This is an appeal against the decision of the High Court of Justice, Kwara State, Coram Elela Habeeb J. delivered on the 4/12/2003, in which His Lordship refused to make the declarations that were sought and dismissed the Appellant's case as lacking in merit. The Plaintiff now Appellant, was dissatisfied with the Judgment of the trial Court and on 11th day of December, 2003, lodged a Notice of Appeal containing 5 grounds of appeal against the said Judgment.

The facts of the case as can be gleaned from Record of Proceedings are as follows:- The appellant is a customer of the 1st Respondent at her Ilorin main branch, where she operates an account. Sometime in July, 1996, the Appellant applied for and was granted an overdraft of N1 million. In return, she mortgaged her property situate at Fogo Olorunhan Street, Ilorin, covered by a Customary Right of Occupancy to the 1st Respondent. The facility was later increased to N2 million…

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