IFEGWU
V.
U.B.N. PLC

ARIWOOLA JCA (Delivering the Lead Judgment): This is an appeal against the judgment of the Federal High Court, Lagos Division, delivered on 2 February 2009 per Mustapha, Chief Judge. The fact of the case briefly goes thus: The appellant herein was the plaintiff at the court below, while the respondent was the defendant. The appellant was a customer of the respondent bank at the London office which branch has become a separate entity in April 2004. The appellant enjoyed financial indulgence at the said London branch of the respondent. For the loan, the appellant created two legal charges over his properties in London. The said properties are; 2 Fairholme Close, London N3 and 31 Edgeworth Crescent, London, N.W 3. When the appellant defaulted in repaying the loan, the respondent issued an originating summons in the High Court of Justice, Chancery Division, London. In the judgment of the courtdelivered on 6 July 1998, the court granted the possession of the two properties of the appella…