(1977) JELR 45233 (SC)    

Supreme Court  ·  SC.440/1975 ·  18 Feb 1977 ·  Nigeria
Other Citations
N. H. D. S. LTD. v. RASAQ & ANOR. (1977) 2 S.C. (REPRINT) 30
UDO UDOMA Justice of The Supreme Court of Nigeria CHARLES OLUSOJI MADARIKAN Justice of The Supreme Court of Nigeria MOHAMMED BELLO Justice of The Supreme Court of Nigeria
Core Terms Beta
first defendant
second defendant
learned trial judge
mortgage deed
law of property act
power of sale
principal money
airport road
exclusion of section
said house
conveyancing act
law of property
second defendants
order of court
terms of the mortgage deed
due repayment
full statement of account of the plaintiff
mortgaged property
own view
second appellants
500pounds damages
affirmative having regard
borrower pays
complete liquidation of the mortgage debt
date of the sale of the mortgaged property
default of his instalmental payments
exercise of the mortgagee
following terms
high court of lagos state
important questions
instalmental payments
judgment of beckley
leading judgment
mortgage company
order of the total sum of 210pounds
principal sum
proposed sale of the mortgaged property
provisions of clause
purported sale of plaintiff
regular monthly instalments of 30pounds
relevant provisions
respect of the counterclaim
see adams v
submissions of the learned counsel
suit no. ik
writing of the first defendant

SIR UDO UDOMA, J.S.C. (Delivering the Leading Judgment): This is an appeal from the judgment of Beckley, J., in the High Court of Lagos State, Ikeja Judicial Division, in Suit No. IK/68/68, wherein the plaintiff, herein respondent, had sought against the first and second defendants, herein first and second appellants, an order of court to set aside a purported sale of plaintiff's house and landed property known as No. 14 Airport Road, Ikeja by the first defendant to the second defendant; and an injunction to restrain the defendants, their agents and/or servants from interfering with the plaintiff's possession of the said house and landed property.

Pleadings having been ordered were duly filed and delivered, save and except that there was no defence either filed or delivered by the plaintiff in respect of the counterclaim against the plaintiff by the second defendant seeking an order of court for possession of the house and landed property, the subject matter of the suit; 500pounds dam…

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