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BRONIK MOTORS LTD &ANOR
V.
WEMA BANK LTD

(1983) JELR 46432 (SC)

Supreme Court 10 Jun 1983 Nigeria
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- The case involves a claim for specific performance and payment of money. - The High Court ruled in favor of the plaintiff, but the defendants appealed to the Court of Appeal. - The Court of Appeal confirmed the judgment in part, and now t

Case Details

Suit Number:SC.110/1982
Judges:AYO GABRIEL IRIKEFE Justice of The Supreme Court of Nigeria MOHAMMED BELLO Justice of The Supreme Court of Nigeria CHUKWUWEIKE IDIGBE Justice of The Supreme Court of Nigeria KAYODE ESO Justice of The Supreme Court of Nigeria AUGUSTINE NNAMANI Justice of The Supreme Court of Nigeria MUHAMMADU LAWAL UWAIS Justice of The Supreme Court of Nigeria ANDREWS OTUTU OBASEKI Justice of The Supreme Court of Nigeria
Counsel:Chief F.R.A. Williams ( with him, Ladi Williams and O.K. Aderinokun,mrs) For Appellant Ladosu Ladapo ( with B.A. Aderemi and L. Emejulu) For Respondent

NNAMANI, JSC: In this Suit which commenced in the High Court of Lagos State as Suit No. LD/404/80, the plaintiff (i.e. respondent herein) brought a claim against the defendants (appellants herein) in the following terms:

"1. Specific performance of an agreement between the parties and evidenced in letters dated 10th January 1976, 28th January, 1976, and 2nd February, 1976, whereby the defendants promised to execute legal mortgage of the defendants' properties lying and situate at (a) Herbert Macaulay Street, Yaba, Lagos (b) Adekunle Fajuyi Street, Ibadan (c) Ijebu-Bye Pass, Oke Ado, Ibadan (d) 21 Barracks Road, Calabar and (e) Mile 3 Abe/Port Harcourt Road, Aba; in favour of the plaintiff to secure various overdrafts amounting to over ₦2,000,000 made, to the defendants in Lagos between 1976 and 1978.

2. The sum of ₦2,135,092.57k (Two Million One Hundred and Thirty Five Thousand Ninety Two Naira and Fifty Seven Kobo) being balance due to the plaintiff for overdrafts granted by the plai…

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