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…

ASHCROFT V. HERITAGE BANKING CO. LTD & ORS

ASHCROFT
V.
HERITAGE BANKING CO. LTD & ORS