(1998) JELR 45568 (CA)    

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

(c) …

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