MAKWE
V.
NWUKOR & ANOR

(2001) JELR 44313 (SC)    

Supreme Court  ·  SC.100/1996 ·  6 Jul 2001 ·  Nigeria
 · 
Other Citations
Makwe v. Nwukor (2001) 14 NWLR (Pt.733) 356 (2001) 7 S.C (Pt.1) 1
Makwe v. Nwukor (2001) 14 NWLR (Pt. 733) 356
CORAM
UTHMAN MOHAMMED Justice of The Supreme Court of Nigeria ANTHONY IKECHUKWU IGUH Justice of The Supreme Court of Nigeria ALOYSIUS IYORGYER KATSINA-ALU Justice of The Supreme Court of Nigeria UMARU ATU KALGO Justice of The Supreme Court of Nigeria AKINTOLA OLUFEMI EJIWUNMI Justice of The Supreme Court of Nigeria
Core Terms Beta
appellant
contract
1st defendant
2nd defendant
exhibit a
appeal
court of appeal
trial court
2nd defendant bank
statement of claim
exhibits d
defendants
general rule
exhibit d.
exhibit e
leading judgment
senior advocate
african continental bank ltd.
deed of mortgage
learned justices of the court of appeal
said loan
learned justices
learned trial judge
occupancy no. bdsr
order of court
respect of his property
terms of the agreement
view of the breach of the terms
a. i. iguh
amount of loan
binding agreement
brief facts of this case
careful consideration of the issues
decision of the trial court
defective nature of the pleadings
exhibit a. exhibit a
finding of both courts
following words
issue no.
issue of the effect of the deposit
l.j. q.b. see
lone issue of the respondent
reason of the said exhibit a
subsequent trial
support of his claims
terms of exhibit a

A. I. IGUH, JSC. (Delivering the Leading Judgment): The proceeding leading to this appeal was first initiated on the 18th day of March, 1988 in the High Court of Justice of the former Bendel State of Nigeria, holden at Asaba. In that court, the plaintiff's claims, as amended,against the defendants jointly and severally are as follows:-

"(1) An order of Court on the 1st defendant to pay the 2nd defendant the amount of loan he took from the 2nd defendant plus interest and other charges on the said loan.

(2) An order of court on the defendants to return to the plaintiff the plaintiff's Statutory Certificate of Occupancy No. BDSR 5273 of 14th June, 1985 and registered as No. 9 at page 9 in Volume B.69 at the Lands Registry, Benin City.

(3) To exchange the plaintiff's Certificate of Occupancy No. BDSR 5273 of 14th June 1985 and registered as No.9 at page 9 in Volume B.69 at the Lands Registry, Benin City with the 1st defendant's Customary Certificate of Occupancy No. BDCR 54 and registered…

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