JAMES SHEHU ABIRIYI, J.C.A. (Delivering the Leading Judgment): This appeal is against the judgment delivered on 12th July, 2010 in the High Court of Borno State holden at Maiduguri.
The claim of the Appellant as Plaintiff in the High Court (the Court below) against the Respondent who was the Defendant and counterclaimant was for the following:
i. An order declaring the consent to mortgage property covered by Right of Occupancy No. BO/26170 as null and void.
ii. An order setting aside the registration of his property BO/26170 as legal mortgage to the defendant and registered as No. 341 at page 341.
iii. An injunction restraining the Defendant from advertising, selling, appointing Receiver Manager or otherwise doing anything towards the disposal of property covered by Right of Occupancy No. BO/26170.
iv. Cost.
The Respondent counterclaimed from the Appellant the following:
a. A declaration that there is an equitable mortgage created over property covered by certificate of occupancy No. NE/1619…