BANK OF THE NORTH
V.
BABATUNDE

(2001) JELR 57631 (CA)    

Court of Appeal  ·  CA/IL/44/2000 ·  18 Oct 2001 ·  Nigeria
CORAM
MURITALA AREMU OKUNOLA, JCA (Presided) PATRICK IBE AMAIZU, JCA (Read the Lead Judgment) WALTER SAMUEL NKANU ONNOGHEN, JCA
Core Terms Beta
respondent
learned counsel
evidence
lower court
1st appellant
land use act
1st defendant
auction sale
deeds of legal mortgage
deed of legal mortgage
2nd appellants
isale asa area
learned counsel’s view
mortgaged property
counsel
learned trial judge
plaintiff’s house
amended statement of claim
exhibits d4
landed property
supreme court
view of the learned counsel
2nd defendant
3rd appellant
learned counsel’s submission
written agreement
1st defendant’s branch office
2nd appellant
above judgment of the lower court
auctioneer’s cap laws
civil cases
deeds of mortgage viz exhibits
evidence of the parties
first defendant
following issues
following reliefs
further act of trespass
h. h. oba alebiosu
ilorin judicial division of the court
kwara state high court
lands registry
lead judgment
learned counsels’ view
learned trial court
mandatory provisions of the land use act
respect of the landed property
services of an auctioneer
submissions of the learned counsel
way of public auction

AMAIZU, JCA (Delivering the Lead Judgment): This is an appeal against the judgment of Gbadeyan J., of the Kwara State High Court, sitting at the Ilorin Judicial Division of the court. The judgment was delivered on the 3rd day of December, 1999. The facts which gave rise to the appeal so far as they are material to the questions which call for our determination are as follows -

The plaintiff in the lower court is an electrical contractor, carrying on business under the name and style of “Tunde Electrical Works.” He operated a current account in the 1st defendant’s branch office along Muritala Muhammed Road, Ilorin. In the course of operating the account, the plaintiff obtained a loan from the first defendant. In order to secure the loan, the plaintiff mortgaged his landed property along Sabo Line Street, Ilorin. The plaintiff later applied to the 1st defendant for a further loan. A The application was granted.

The plaintiff unfortunately could not keep up the instalments. The 1st defen…

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