Ratio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio Decidendi


(2010) JELR 40141 (CA)    

Court of Appeal  ·  CA/A/95/04 ·  16 Jun 2010 ·  Nigeria
MARY U.PETER-ODILI Justice of The Court of Appeal of Nigeria JIMI OLUKAYODE BADA Justice of The Court of Appeal of Nigeria ABDU ABOKI Justice of The Court of Appeal of Nigeria

Ratio Decidendi

Core Terms Beta
1st respondent
2nd respondent
lower court
learned counsel
nwlr part
behalf of the 1st respondent
following cases
general rule
r. b. b.
record of proceedings
sale of a landed property
appellate court
favour of the 1st respondent
jimi olukayode bada
vital processes
abdu aboki
behalf of the parties
certificate of occupancy no
constitutional right
copy of certificate of judgment
copy of order of court
day proceedings
draft judgment
end of the trial
facts of the case
fair hearing
final analysis
finding of agoro j.
following exhibits
following known principles
leading judgment
mary u. peter-odili
motion ex-parte
muse gbadamosi ajamogun
orders of the high court of justice abuja
position of the law
present case
relevant period
said application
societe generale bank nigeria ltd.
suit no
suo motu raise
titilayo plastic industry ltd
trial court

JIMI OLUKAYODE BADA, JCA (Delivering the Leading Judgment) This is an Appeal against the Judgment of the High Court of the Federal Capital Territory Abuja in Suit No: FCT/HC/CV/755/2001- Senator (Dr) Alex Usman Kadiri v. Societe Generale Bank Nigeria Ltd.

Briefly, the facts of the case are that the 1st Respondent was the owner of two bungalows on Plot No: 2617, Maitama, Abuja and same was covered by a Certificate of Occupancy No: FCT/ABU/BN/264. He applied and obtained a loan from the 2nd Respondent. As security for the loan, he mortgaged one of the bungalows by depositing the Certificate of Occupancy in respect of the Plot with the 2nd Respondent. Being unable to repay the loan and the accrued interests, and in exercise of its powers under the Mortgage Agreement, the 2nd Respondent on the orders of the High Court of Justice Abuja, auctioned the mortgaged bungalow to the Appellant in 1998.

In 2001, the 1st Respondent commenced this suit as Plaintiff against the 2nd Respondent as Defen…

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