(2000) JELR 43807 (CA)    

Court of Appeal  ·  CA/I/M.132/99 ·  19 Jan 2000 ·  Nigeria
Other Citations
Odutola v. F.B.N. Ltd. (2000) 1 NWLR (Pt.653)341
MORONKEJI OMOTAYO ONALAJA Justice of The Court of Appeal of Nigeria FRANCIS FEDODE TABAI Justice of The Court of Appeal of Nigeria OLUFUNLOLA OYELOLA ADEKEYE Justice of The Court of Appeal of Nigeria
Core Terms Beta
1st respondent
1st defendant
counter affidavit
determination of the appeal
legal rights
public auction
high court
learned counsel
lower court
ogun state
senior advocate
sum of n200,000.00
supportive affidavit
1st appellant
consent of the parties
court of appeal
further steps
grounds of appeal
issue of interest
notice of appeal
1st respondents
2nd applicant
2nd plaintiff
brother onalaja
chief reginald p.p. abbey hart
considered judgment
continuous charge of interest
court of appeal act
deed of legal mortgage
full satisfaction
further evidence of sufficient legal interest
grant of injunction
grant prayer
lead ruling
main issue
order of perpetual injunction
orders of injunction
proper statement of account
refuse prayer
rules of this court
said court
substantive case
trial court of the payment of the said sum
united agro venture ltd. v

ONALAJA, J.C.A. (Delivering the Lead Ruling): By a writ of summons filed at the High Court of Ogun State Ijebu Ode judicial division the plaintiffs now Appellants/Applicants in this ruling prayed the said court as follows:-

"(1) An order directing the 1st Defendant to furnish to the Plaintiffs a proper Statement of account showing the interests on the sum borrowed by the 2nd Plaintiff from the said 1st defendant and secured by a deed of Legal Mortgage dated 30th January, 1988 and registered as No.2 at page 2 in Volume 293 of the Register of titles formally kept at the Lands Registry Ibadan now at ABEOKUTA.

(2) An order of perpetual injunction restraining the defendants, their servants, agents and or privies or however from taking any steps or any further steps towards selling by public auction or by any other means disposing of the 1st Plaintiff's property known as No. 6 Ejirin Road Mobalufon Ijebu Province, Ogun State".

After service of the writ of summons on the 1st and 2nd Defenda…

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