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GBADAMOSI
V.
WEMA BANK & ANOR

(2021) JELR 107015 (CA)

Court of Appeal 19 Mar 2021 Nigeria
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- The appellant, mortgagor, challenged the validity of the sale of his mortgaged property by the 1st respondent (mortgagee bank) to the 2nd respondent, alleging irregularity, undervalue, and lack of proper notice, and sought to set aside th

Case Details

Suit Number:CA/IB/M.14/2014
Judges:Jimi Olukayode Bada, JCA Ugochukwu Anthony Ogakwu, JCA Folasade Ayodeji Ojo, JCA
Counsel:MR. ADENIYI UTHMAN, with him, MR. A. S. ADENUGA For the Appellant; MR. ADESINA A. for the 1st & 2nd Respondents.

 JIMI OLUKAYODE BADA, J.C.A. (Delivering the Leading Judgment): This appeal emanated from the Judgment of Oyo State High Court of Justice, Ibadan Judicial Division in Suit No. I/241/2005: ALHAJI MUSIBAU GBADAMOSI v. (1) WEMA BANK PLC (2) ALHAJA TITILAYO BALOGUN delivered on 30th day of May, 2013 wherein the Appellant’s claim was dismissed.

The facts of this case are that by an amended Writ of Summons filed on 21/2/2007 the Claimant sought for the following reliefs:-

(1) “A Declaration that the Plaintiff is not owing the 1st Defendant the sum of ₦1,149,228.00 as it does not reflect the true position of the statement of account of the Plaintiff with the Defendant.
(2) A Declaration that the Plaintiff is not liable to pay any interest, commission or any charge on any entry illegally entered by the Defendant in the Plaintiff’s Account.
(3) An order directing the defendant to furnish the Plaintiff with a true and accurate Statement of Account.
​(4) Injunction restraining the Defendant, its agen…

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