MUKHTAR, JCA (Delivering the Lead Judgment): As per his amended statement of claim, which supersedes the writ of summons, (see Lahan v. Lajoyetan (1997) 6 SC 190, the plaintiff, (who is now the appellant) in the lower court claimed the following reliefs:- 1. A declaration that the purported sale of the plaintiff’s mortgaged property by the 1st and 2nd defendants unto the 3rd defendant is null and void on account of the connivance perpetrated by the 1st defendant’s Manager, 2nd defendant and the 3rd defendant in respect of the alleged sale. A A declaration that the purported sale of the plaintiff’s mortgaged property on 24/6/96 was irregular, unlawful and done in bad faith and therefore a nullity. A declaration that the plaintiff’s mortgaged property allegedly auctioned at the price of about N480,000.00k (four hundred and eighty thousand Naira) only was sold at gross undervalue. An order of the court setting aside the purported auction/sale of the plaintiff’s property made on 24/6/…
HONG.
V.
FEDERAL MORTGAGE FINANCE LTD
(2000) JELR 51877 (CA)
Court of Appeal 21 Nov 2000 Nigeria
BriefBot Summary
- The appellant sought to amend his statement of claim after close of evidence in a mortgage foreclosure action, alleging non-compliance with the Auctioneer’s Law regarding the sale of his mortgaged property. - The trial court denied the ap
Case Details
Suit Number:CA/J/5/99 .
Judges:ALOMA M. MUKHTAR, JCA (Presided and Read the Lead Judgment) ISA ABUBAKAR MANGAJI, JCA IFEYINWA CECILIA NZEAKO, JCA
Counsel:Rickey M. Tarfa, Esq. - for the Appellant . Solomon Umoh, Esq. - for the Respondents.
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