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BELIEVERS FISHERIES DREDGING & ANOR
V.
U.T.B.TRUSTEES LTD

(2010) JELR 47761 (CA)

Court of Appeal 14 Jan 2010 Nigeria
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- The appellants, as plaintiffs, sought declarations and ancillary reliefs in the Lagos State High Court challenging the legality and enforceability of a N2.5 million loan/mortgage agreement on grounds that the defendant was not a licensed

Case Details

Suit Number:CA/L/301/2000
Judges:BODE RHODES-VIVOUR Justice of The Court of Appeal of Nigeria PAUL ADAMU GALINJE Justice of The Court of Appeal of Nigeria HUSSEIN MUKHTAR Justice of The Court of Appeal of Nigeria
Counsel:C. O. Uba For Appellant T.K. Olagoke For Respondent

BODE RHODES-VIVOUR, J.C.A. (Delivering the Leading Judgment): The appellants as plaintiffs sued the respondent as defendant on a Writ of Summons and Statement of Claim for:-

1. A Declaration that the loan agreement for N2.5m between the 1st plaintiff and the defendant is null and void, illegal and/or unenforceable in that the defendant is neither a Licensed Bank nor a Licensed Financial Institution and thereby committed criminal offences under the Central Bank of Nigeria Decree and the Banking and other Financial Institutions Decree 1991.

2. A Declaration that the aftersaid contract being money lending transaction is null and void, illegal and or unenforceable in that the defendant is not a Licensed money lender and thereby committed criminal offences and cannot take securities for the said loan under the money lenders Laws of Lagos State.

3. A Declaration that the Deed of Mortgage dated 20th February, 1997 and registered as No: 81/81/91, 2nd plaintiff as Guarantor in furtherance of t…

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