(1983) JELR 46431 (SC)    

Supreme Court  ·  SC.106/1981 ·  4 Feb 1983 ·  Nigeria
Other Citations
(1983) All N.L.R 67
GEORGE SODEINDE SOWEMIMO Justice of The Supreme Court of Nigeria MOHAMMED BELLO Justice of The Supreme Court of Nigeria ANDREWS OTUTU OBASEKI Justice of The Supreme Court of Nigeria ANTHONY NNAEMEZIE ANIAGOLU Justice of The Supreme Court of Nigeria CHUKWUWEIKE IDIGBE Justice of The Supreme Court of Nigeria
Core Terms Beta
federal high court
fiscal measures
judicial power
chief williams
federal court of appeal
court of appeal
federal revenue court act
revenue of the government of the federation
proper interpretation of section
high court
banking transaction
c deal
constitution of the federal republic of nigeria
exercise jurisdiction
following terms
high court of lagos state
learned trial judge
said government
act of the national assembly
bank charges
court of a state
decision of this court
ejusdem generis rule supplies
exlusive legislative list
federal court of appeal act
federal high court act
foreign exchange currency
house of lords decision
jammal steel structures ltd. v
judgment of the high court
judicial precedent
jurisdiction of the state high court
majority of the court-elias
majority of this court
meaning of section
mr. ladosu ladapo
new matters
others of a different character
painstaking judgment
respect of all matters
rules of that court
said act
said judgment
said sum of n2
see nofiu surakatu v
such pieces of legislation
sum of n2,135,092.57k
view of the minority of the court

NNAMANI J.S.C. In this Suit which commenced in the High Court of Lagos State as Suit No. LD/404/80, the plaintiff (i.e. respondent herein) brought a claim against the defendants (appellants herein) in the following terms:

"1. Specific performance of an agreement between the parties and evidenced in letters dated 10th January 1976, 28th January, 1976, and 2nd February, 1976, whereby the defendants promised to execute legal mortgage of the defendants' properties lying and situate at (a) Herbert Macaulay Street, Yaba, Lagos (b) Adekunle Fajuyi Street, Ibadan (c) Ijebu-Bye Pass, Oke Ado, Ibadan (d) 21 Barracks Road, Calabar and (e) Mile 3 Abe/Port Harcourt Road, Aba; in favour of the plaintiff to secure various overdrafts amounting to over N2,000,000 made, to the defendants in Lagos between 1976 and 1978.

2. The sum of N2,135,092.57k (Two Million One Hundred and Thirty Five Thousand Ninety Two Naira and Fifty Seven Kobo) being balance due to the plaintiff for overdrafts granted by the pla…

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