(2002) JELR 44733 (CA)    

Court of Appeal  ·  CA/PH/177m/98 ·  10 Jun 2002 ·  Nigeria
Other Citations
Akpan v. U.RN Plc. [2003] 6 NWLR (Pt.816)279
Akpan v. U.B.N Plc. (2003) 6 NWLR (Pt. 816) 279
DENNIS ONYEJIFE EDOZIE Justice of The Court of Appeal of Nigeria SIMEON OSUJI EKPE Justice of The Court of Appeal of Nigeria SULE AREMU OLAGUNJU Justice of The Court of Appeal of Nigeria
Core Terms Beta
1st defendant
2nd defendant
respondent bank
deed of assignment
public auction
suit no. hu
learned trial judge
no.4 ewet street
leading judgment
reply of the 2nd defendant
weight of evidence
doctrine of lis pendens
affidavit evidence
akwa ibom state
grounds of appeal
additional counter-affidavit
instant appeal
pendency of suit no. hu
certificate of occupancy no. uy
deed of legal mortgage
judgment of the court
judgment of the lower court
mortgaged property
owner of the property
time of the sale of the property
additional counter affidavit of the 1st respondent
aforesaid suit
akwa ibom state high court
appellant of the title
briefs of argument
exercise of its power of sale
following prayers
further affidavit of 4th march
learned trial judge udo
notice of intention
pending motion
practice of this court
said summons
submissions of counsel
support of the originating summons
union bank of nigeria plc
uyo judicial division
weight of affidavit evidence

EDOZIE, J.C.A. (Delivering the Leading judgment): Akpan Sunday Akpan, the appellant in this appeal, was sued as 2nd defendant, with the Union Bank of Nigeria Plc as 1st defendant by Anthony Oscar Okon the plaintiff/ respondent, in suit No. HU/186/94, filed in the Akwa Ibom State High Court, Uyo Judicial Division, on 14th June, 1994.

Prior to the events culminating in the aforesaid suit, the 2nd defendant/appellant was the owner of the property, consisting of a bungalow lying and situate at No.4 Ewet Street, Uyo, which is covered by a certificate of occupancy No. UY/745/82 registered as 57/57/225 at the Lands Registry, Uyo, Akwa Ibom State (hereinafter referred to as the property in dispute or mortgaged property). As a collateral for a loan facility granted to him by the 1st defendant/ respondent bank, the 2nd defendant/appellant mortgaged the property in dispute to the former, that is, the 1st defendant/respondent bank, under a deed of legal mortgage, dated 30th August, 1984, register…

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