Ratio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio Decidendi



ENEKWE
V.
INTERNATIONAL MERCHANT BANK OF NIGERIA LTD. & ORS.

(2006) JELR 46017 (SC)    

Supreme Court  ·  SC.82/1999 ·  8 Dec 2006 ·  Nigeria
 · 
Other Citations
Enekwe v. I.M.B. Ltd (2006) NWLR (Pt.1013) 46 (2006) 11-12 S.C. 3 (2006) 11-12 S.C. 3
CORAM
UMARU ATU KALGO Justice of The Supreme Court of Nigeria NIKI TOBI Justice of The Supreme Court of Nigeria MAHMUD MOHAMMED Justice of The Supreme Court of Nigeria IKECHI FRANCIS OGBUAGU Justice of The Supreme Court of Nigeria FRANCIS FEDODE TABAI Justice of The Supreme Court of Nigeria

Ratio Decidendi

Core Terms Beta
appellant
property
court of appeal
counsel
1st respondent
issues
order
trial court
doctrine of lis pendens
cross-appeal
learned trial judge
high court
hearing of the motion
issue no.2
pendency of a restraining order
2nd respondent
lower court
suit no. pld
declaratory reliefs
suo motu
case of the appellant
chief judge
court of law
dictum of the court of appeal
dismissal of the action
ex parte
leading judgment
legal capacity
lis pendens
respect of the property
rules of the high court of plateau state
title of bona fide purchaser
above facts
abuse of the court process
affair of the appellant
bank nigeria ltd. v
case of the 1st respondent
claim of the appellant
final judgment
flurry of actions
following issue
interim injunction ex parte
parte order of uloko
part of the appellant
pleadings of the parties
purported appeal
registered owner of plot no.3
said property
take issues
use of the expressions

TOBI, JSC (Delivering the Leading Judgment): The appellant is the plaintiff. He is the registered owner of plot No.3, Julius Bala Crescent, Legislators Quarters, Jos. The Certificate of Occupancy bears No. BP 3785. The appellant is also the Chairman and Managing Director of Crystal Star Associates and Company Limited.

The plot was mortgaged to the 1st respondent as collateral for a loan advanced to Crystal Star Associates and Company Limited. Between 1987 and 1990 the 1st respondent, the mortgagee, made several attempts to realise their security. The first attempt was made between June and July 1987. The property was advertised for public auction because of the default on the part of the appellant to redeem the mortgage.

The 1st respondent decided to sell the property. Appellant quickly ran to court to stop the sale. That was in suit No. PLD/J 197/87. The suit was assigned to Soluade, J. It was dismissed for want of diligent prosecution.

On 16th February, 1988 the appellant filed two…

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