(2002) JELR 43851 (SC)    

Supreme Court  ·  SC.119/1997 ·  12 Jul 2002 ·  Nigeria
Other Citations
Eghobamien v. F.M.B.N. (2002) 17 NWLR (Pt.797) 488 (2002) 7 S.C (Pt.I) 143
IDRIS LEGBO KUTIGI Justice of The Supreme Court of Nigeria EMMANUEL OBIOMA OGWUEGBU Justice of The Supreme Court of Nigeria UTHMAN MOHAMMED Justice of The Supreme Court of Nigeria SAMSON ODEMWINGIE UWAIFO Justice of The Supreme Court of Nigeria AKINTOLA OLUFEMI EJIWUNMI Justice of The Supreme Court of Nigeria
Core Terms Beta
evidence act
judgment of edokpayi
mr. a. o. eghobamien
court of appeal
delta state
provisions of section
suo motu
appellate court
chief h. o. ogbodu
favour of the plaintiff
federal mortgage bank of nigeria
high court
later stage
learned counsel
learned judge
single issue
a. o. eghobamien
certified record of proceedings
consent of counsel
decision of the court of appeal
delivery of the judgment
edo high court
following proceedings
hyder ali
inadmissible evidence
j. a.
j. a. odutola
j. mr. a. o. eghobamien
judge of the high court of bendel state
leading judgment
learned justice obi
learned trial judge
lower courts
obi j.
original document
position of the law
possession of the defendant
previous judicial proceedings
record of proceedings
respective parties
similar situation
submission of the learned counsel
submissions of counsel
sum of n500
totality of the evidence
unanimous decision

U. MOHAMMED, J.S.C. (Delivering the Leading Judgment): This is an appeal from the decision of the Court of Appeal, Benin Division. In a unanimous decision, the Court of Appeal set aside the judgment of Edokpayi, J. of Edo High Court which was delivered in favour of the plaintiff, Mr. A. O. Eghobamien, against the Federal Mortgage Bank of Nigeria. The suit was originally filed before Obi, J., who was then a Judge of the High Court of Bendel State. The claim filed by the plaintiff is as follows:

"(a) A declaration that the plaintiff is the owner and entitled to the original document of all that property registered as No.3 at page 3 in volume 623 at the office at Benin which has been in possession of the defendant.

(b) An order for the defendant to surrender to the plaintiff forthwith the original document of title registered as No.3 at page 3 in volume 623 at Benin city.

(c) The sum of N500, 000.00 as general damages suffered by the plaintiff as a result of the failure and or refusal o…

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