(2002) JELR 44535 (SC)    

Supreme Court  ·  SC.70/1995 ·  15 Feb 2002 ·  Nigeria
Other Citations
Arowolo v. Ifabiyi (2002) 4 NWLR (Pt.757)356 (2002) 2 S.C (Pt.1) 71
ABUBAKAR BASHIR WALI Justice of The Supreme Court of Nigeria EMMANUEL OBIOMA OGWUEGBU Justice of The Supreme Court of Nigeria UTHMAN MOHAMMED Justice of The Supreme Court of Nigeria ANTHONY IKECHUKWU IGUH Justice of The Supreme Court of Nigeria UMARU ATU KALGO Justice of The Supreme Court of Nigeria
Core Terms Beta
1st defendant
trial court
2nd defendant bank
court of appeal
learned trial judge
reasonable doubt
documents of title
2nd defendant
present case
2nd defendants
allegation of fraud
trial judge
decision of the trial court
leading judgment
own part
agreed interest
appeal fails
circumstances of this case
clearest possible terms
favour of the respondent
findings of fact
probative value
rate of n1,000.00
return of his documents of title
said plaintiff
satisfaction of the court
statute of limitation
such evidence
sum of n4,000.00
use of the respondent
1st september
a. i. iguh
careful review of the evidence
case of the respondent
condition of the loan
ilorin judicial division of the high court of justice
respect of the said building
respect of the transaction
subject matter of this action
subsequent trial
totality of the findings of the learned trial judge

A. I. IGUH, J.S C. (Delivering the Leading Judgment): By a writ of summons issued on the 14th day of September, 1987, in the Ilorin Judicial Division of the High Court of Justice, Kwara State, the plaintiff who is the respondent herein instituted an action jointly and severally against the 1st defendant, who is now the appellant, and the 2nd defendant claiming as follows:

1. A declaration that the defendants are not entitled to a lien on the plaintiff's building situate at Sabo Oke, Ilorin by virtue of an alleged mortgage between the 1st and 2nd defendants in respect of the said building.

2. An order that the defendants return to the plaintiff, his Permit to Alienate land No. 3633, building plan, site plan, land agreement dated the 1st September, 1977 and tax receipts. Pleadings were ordered in the suit and were duly settled, filed and exchanged.

The case for the plaintiff is that sometime in the month of October, 1978, the 1st defendant lent the sum of N4,000.00 to the said plainti…

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