ASHCROFT
V.
HERITAGE BANKING CO. LTD & ORS

(2018) JELR 38701 (CA)    

Court of Appeal  ·  CA/L/774/2007 ·  16 Feb 2018 ·  Nigeria
CORAM
MOHAMMED LAWAL GARBA Justice of The Court of Appeal of Nigeria BIOBELE ABRAHAM GEORGEWILL Justice of The Court of Appeal of Nigeria JAMILU YAMMAMA TUKUR Justice of The Court of Appeal of Nigeria
Core Terms Beta
property
1st respondent
3rd respondent
evidence
2nd respondents
public auction
record of appeal
1st defendant
alabi owoyemi street
auction law of lagos state
5th respondents
judgment of the court
oworonshoki scheme
sole issue
totality of the evidence
auction
evidence of the respondents
public auction of the appellant
bariga lagos
claims of the appellant
counter claims of the 3rd respondent
deed of legal mortgage
4th defendant
brief statement of facts
clear evidence of pw2
date 1st august
deed of mortgage
duty of evaluation
enjoyment of the property
evidence of dw1
following facts
gist of the case of the appellant
igbodim v. obianke
judgment of the high court of lagos state
law of property act
leading judgment
notice of appeal notice
notice of public auction of property
power of sale of the 1st defendant
registration of the said sale
respect of a loan facility
said judgment
such public notice
suit no. id
sum of n100,000.00
time of the purported sale
v. thawardas

BIOBELE ABRAHAM GEORGEWILL, J.C.A. (Delivering the Leading Judgment): This is an appeal against the Judgment of the High Court of Lagos State in Suit No. ID/2637/1992: Mr. G. Olajide Aschcroft V. Societe Generale Bank Ltd. (Now Heritage Banking Company Ltd.) and Ors., Coram: L. A. Okunnu - Shuaib J., delivered on 1/12/2005, in which the claims of the Appellant as Claimant were dismissed while some of the counter claims of the 3rd Respondent as Defendant/Counter Claimant against the Appellant were granted.

The Appellant was peeved with the judgment of the Court below and had promptly appealed against the said judgment vide a Notice of Appeal Notice on three grounds filed on 1/3/2006 at pages 442 - 444 of the Record of Appeal. The Record of Appeal was transmitted to this Court on 7/12/2007. The Appellant's amended brief was filed on 19/6/2013 and deemed properly filed on 4/5/2015. The 1st and 2nd Respondents' amended brief was filed on 25/6/2015 and deemed properly filed on 24/5/2016. Th…

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