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.