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KWAJAFFA & ORS.
V.
B.O.N. LTD.

(2004) JELR 47173 (SC)

Supreme Court 14 May 2004 Nigeria
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- The appellants (plaintiffs) sought declarations in the High Court challenging the validity of a deed of legal mortgage executed with the Bank of the North, primarily on grounds that the 2nd appellant was a minor, that there was no outstan

Case Details

Suit Number:SC.89/2000
Judges:SALIHU MODIBBO ALFA BELGORE Justice of The Supreme Court of Nigeria IDRIS LEGBO KUTIGI Justice of The Supreme Court of Nigeria AKINTOLA OLUFEMI EJIWUNMI Justice of The Supreme Court of Nigeria DAHIRU MUSDAPHER Justice of The Supreme Court of Nigeria IGNATIUS CHUKWUDI PATS-ACHOLONU Justice of The Supreme Court of Nigeria
Counsel:A. O. Okeaya-Inneh, Esq. For Appellant B. P. Ishaku, Esq. G. S. Ogboji, Esq. For Respondent

MUSDAPHER, J.S.C. (Delivering the Leading Judgment): This is an appeal against the judgment of the Court of Appeal sitting in Jos, Plateau State delivered on the 9th of December, 1998, wherein the appeal of the appellants herein was dismissed, thus affirming the decision of the trial High Court of Borno State. The claim of the appellants, herein, as the plaintiffs, before the trial court as per paragraph 24 of the further amended statement of claim/and reply to counter-claim was in these terms:-

"1. Declaration that the purported deed of legal mortgage dated 13th October, 1982 between the parties to this case is void, ineffective and of no effect whatsoever.

2. That there is no legal mortgage existing between Ali Pindar Kwajaffa, Hussaini M. Aliyu and Ali Pindar Kwajaffa Garage Ltd. and the Bank of the North relating to the properties covered by certificates of occupancy Nos. BO/1621 and NE/1367 purportedly mortgaged to the defendant by the plaintiffs.

3. Declaration that the secon…

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