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IKEANYI
V.
ACB LTD

(1997) JELR 45473 (SC)

Supreme Court 14 Feb 1997 Nigeria
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- The plaintiff/appellant mortgaged his property at 37 Afubera Street, Modebe Layout, Onitsha, to secure a loan for Nobgroup Motors Ltd, and upon default by the principal borrower, the 1st defendant/respondent exercised the power of sale un

Case Details

Suit Number:SC.200/1992
Judges:SALIHU MODIBBO ALFA BELGORE JSC MICHAEL EKUNDAYO OGUNDARE JSC EMMANUEL OBIOMA OGWUEGBU JSC SYLVESTER UMARU ONU JSC ANTHONY IKECHUKWU IGUH JSC
Counsel:Chief L. C. Ezebilo For Appellant E.C. IbeChief A.O. Mogboh, SAN (with him, A. Haruna) For Respondent
Other Citations:Ikeanyi v A.C.B Ltd (1997) 2 NWLR (Pt.489) 509, (1997) JELR 63005 (SC)

E. O. OGWUEGBU, J.S.C. (Delivering the Leading Judgment): This appeal came up for hearing on 18th November, 1996. After reading the record of appeal, the judgment of the courts below, the briefs of arguments filed by the parties to this appeal and hearing the oral arguments of counsel for the parties in amplification of their respective briefs, I found no merit in the appeal and dismissed it. I affirmed the decisions of the courts below and indicated that my reasons for the judgment would be delivered today. I now give and deliver those reasons.

The plaintiff who is the appellant in this court instituted a civil action in the High Court of the former Anambra State holden at Enugu against the defendants/respondents herein in Suit No. E/163/82. His claim against the defendants jointly and severally is for:

"an order of court setting aside the purported sale of his property numbered 37 Afubera Street, Modebe Layout, Onitsha by the 1st defendant to the 2nd defendant on the ground that the…

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