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ASSET MANAGEMENT CORPORATION OF NIGERIA
V.
SURU WORLDWIDE VENTURES NIGERIA LIMITED & ORS

(2024) JELR 112934 (SC)

Supreme Court 16 Feb 2024 Nigeria
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- The appellant (AMCON) acquired certain non-performing loans from Oceanic Bank (now Ecobank) and, as legal mortgagee, sought court orders to enable law enforcement to assist in taking possession of mortgaged properties occupied by the 1st

Case Details

Suit Number:SC/1098/2019
Judges:KUDIRAT MOTONMORI OLATOKUNBO KEKERE-EKUN, JSC UWANI MUSA ABBA AJI, JSC IBRAHIM MUSA MOHAMMED SAULAWA, JSC ADAMU JAURO, JSC EMMANUEL AKOMAYE AGIM, JSC
Counsel:COLLINS OGBONNA, ESQ, for the Appellant; with him, SAMUEL ONAH, ESQ and U. U. FINGESI, ESQ.; MR LAYI BABATUNDE, SAN, for the 1st Respondent; with him, OLADELE OJOGBEDE, ESQ, and DAVID OWOEYE, ESQ.; GODWIN ATTAI HARUNA, ESQ, for the 2nd Respondent; with him, ANMA CHRIS UCHE, ESQ and JESSICA AMARACHI OPARA, ESQ.; I. S. DOKUBO, ESQ, for the 3rd Respondent; PATRICK OKONJO, ESQ, for the 4th Respondent.

ADAMU JAURO, JSC (Delivering the Leading Judgment): The appeal herein is against the judgment of the Court of Appeal, Lagos Judicial Division, delivered on 12th July, 2019 in appeal No. CA/L/88/2018, which allowed the 1st Respondent's appeal, set aside the judgment of the Federal High Court, Lagos Division and ordered that the Appellant's suit be tried de novo with the 1st Respondent as a party.

FACTS LEADING TO THIS APPEAL

The 1st Respondent was a customer of Oceanic Bank International Plc (Now Ecobank Limited) and by virtue of their banker-customer relationship, the 1st Respondent applied for and was granted a number of credit facilities by the bank. The credit facilities were inter alia secured by Deeds of Legal Mortgagee in respect of some of the 1st Respondent's properties. The 1st Respondent did not repay the credit facilities as and when due and the facilities were later bought over by the Appellant in performance of its statutory duty. The purchase of the facilities was evidence…

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