Customer Support

CHUKWUOKEKE
V.
NIGERIA AGRICULTURAL CO-OP & RURAL DEVT BANK LTD & ORS

(2018) JELR 34409 (CA)

Court of Appeal 11 Jul 2018 Nigeria
BriefBot icon

BriefBot Summary

Free

Get an AI-generated summary of this case.

Case Details

Suit Number:CA/YL/14/2016
Judges:OYEBISI FOLAYEMI OMOLEYE Justice of The Court of Appeal of Nigeria JAMES SHEHU ABIRIYI Justice of The Court of Appeal of Nigeria SAIDU TANKO HUSSAINI Justice of The Court of Appeal of Nigeria
Counsel:J. A. Oguche, Esq. For Appellant U. D. Silas, Esq. For Respondent

JAMES SHEHU ABIRIYI, JCA (Delivering the Leading Judgment): This appeal is against the judgment delivered on 13th May, 2013 in the High Court of Taraba State holden at Jalingo.

In the High Court (the Court below), the Appellant as plaintiff by an originating summons claimed against the Respondents as defendants for the following:

1. A DECLARATION that the 1st Defendant has no legal right/or power of sale arising from the loan transaction between her and the Plaintiff.

2. A DECLARATION that the purported exercise of the power of sale by the 1st Defendant over the landed property of the of the plaintiff is null and void.

3. A DECLARATION that the 2nd Defendant being an agent of the 1st Defendant, lacked the competence to auction off the landed property of the Plaintiff in view of her principals lack of power to so exercise the power of sale in the said transaction.

4. A DECLARATION that the 2nd Defendant who was not licensed under the Auctioneers Law of Taraba State cannot validly conduct an…

There's more. Sign in to continue reading.

judy.legal is the comprehensive database of case law and legislation from Ghana, Kenya and Nigeria. Gain seamless access to over 77,000 cases, recent judgments, statutes, and rules of court.