KWAJAFFA & ORS
V.
BANK OF THE NORTH LTD

(1998) JELR 45568 (CA)

Court of Appeal · CA/J/98/96 · 9 Dec 1998 · Nigeria

CORAM

GEORGE ADESOLA OGUNTADE Justice of The Court of Appeal of Nigeria DENNIS ONYEJIFE EDOZIE Justice of The Court of Appeal of Nigeria RABIU DANLAMI MUHAMMAD Justice of The Court of Appeal of Nigeria

Core Terms ^Beta

appellants

counter-claim

issues

loan account

account

1st appellant

3rd appellant

trial court

interest rate

statement of claim

supreme court

account number

deed of legal mortgage

following cases

interest charges

learned trial judge

outstanding sum

2nd appellant

admission of the facts

appeal fails

assertions of the parties mshelia j

borno state high court

co-operative bank ltd

customer of the respondent bank

declaratory judgment

discretionary power of the court

exh e

exh j

facts of the case

father of the 2nd appellant

following releifs

further amended statement of defence

great deal of the pieces of evidence

leading judgment

loan facility

managing director of the 3rd appellant

numerous documentary evidence

oral evidence of witnesses

overdraft account

proper evaluation of ex

respect of paragraph

respondent bank properties

respondent bank reliefs

respondent counter

see narumal

suit no. m

terms of its counter-claim

EDOZIE, J.C.A. (Delivering the Leading Judgment): The three appellants were the plaintiffs before Borno State High court sitting in Maiduguri in suit No. M/135/93. The 1st appellant is the father of the 2nd appellant and the Managing Director of the 3rd appellant a limited liability company carrying on the business of metal fabrication in Maiduguri. The latter, that is, the 3rd appellant is a customer of the respondent bank at its main branch office in Maiduguri.

In paragraph 24 of their further amended statement of claim (claim for short) the appellants as plaintiffs sought against the respondent bank reliefs summarised thus;

(a) A declaration that the deed of legal mortgage dated 13 the October 1982 executed by certificate of occupancy No.s Bo/1621 and NE/1367 is void ineffective and of no effect.

(b) A declaration that the 2nd appellant being a minor could not have consented to any matter relating to the transfer of his property covered by Certificate of Occupancy No. Bo/1621.

KWAJAFFA & ORS V. BANK OF THE NORTH LTD

KWAJAFFA & ORS
V.
BANK OF THE NORTH LTD