Customer Support

J.I. EFEMINI & SONS (NIG) LTD
V.
UBA PLC

(2018) JELR 39357 (CA)

Court of Appeal 21 Feb 2018 Nigeria
BriefBot icon

BriefBot Summary

Free

- The Appellant, having fully repaid a loan for which he deposited the original deed of lease as collateral with the Respondent, demanded its return; the Respondent could not produce the original, offering a certified true copy (CTC) instea

Case Details

Suit Number:CA/B/343/2013
Judges:JIMI OLUKAYODE BADA Justice of The Court of Appeal of Nigeria SAMUEL CHUKWUDUMEBI OSEJI Justice of The Court of Appeal of Nigeria MUDASHIRU NASIRU ONIYANGI Justice of The Court of Appeal of Nigeria
Counsel:D.O. AZIEGBE ESQ. For Appellant SIR VICTOR E. AKPOGUMA For Respondent

MUDASHIRU NASIRU ONIYANGI, J.C.A. (Delivering the Leading Judgment): The Appellant as Claimant sued the Respondent as Defendant by a writ of summons accompanied by a statement of claim.

In paragraph 24 of the statement of claim, the Plaintiff claimed as follows:

PARAGRAPH 24

"24. WHEREFORE the claimant claim against the defendant as follows:

(i) An order directing the defendant to surrender to the claimant forthwith the original deed of lease in possession of the defendant dated 9th day of February, 1979 and registered as No. 17 at page 17 in vol. 563 of the Lands Registry in the office at Benin City now Asaba covering property lying, being and situate at plot 14, Block 10. Igbudu Housing Estate, Warri used by the claimant as security for a legal mortgage.

(ii) The sum of ₦30,000,000.00 (Thirty million Naira) being damages for the wrongful refusal of the defendant to release to the claimant the said original deed of lease in possession of the defendant dated 9th day of February, 1979 and r…

There's more. Sign in to continue reading.

judy.legal is the comprehensive database of case law and legislation from Ghana, Kenya and Nigeria. Gain seamless access to over 77,000 cases, recent judgments, statutes, and rules of court.