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OKONKWO
V.
COOPERATIVE & COMMERCE BANK (NIGERIA) PLC & ORS.

(2003) JELR 48013 (SC)

Supreme Court 28 Feb 2003 Nigeria
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- The plaintiff is claiming that the defendants are not entitled to sell the plaintiff's property. - The court found that the plaintiff had waived his right to notice of the sale and that the sale was conducted properly. - The Court of Appe

Case Details

Suit Number:SC.58/1998
Judges:MUHAMMADU LAWAL UWAIS CJN IDRIS LEGBO KUTIGI JSC MICHAEL EKUNDAYO OGUNDARE JSC SAMSON ODEMWINGIE UWAIFO JSC NIKI TOBI JSC
Counsel:O. A. Obianwu, Esq. (with him, Uche Nwokedi, Esq. and C. A. Chudi-Nnadi, Esq.) for the Appellant; Ben Anachebe, Esq. (with him, A.A. Okpala) for the 1st 2nd Respondents; Chief Chris Uche (with him, K. O. Ojike; A.A. Akpamgbo and A. O. Dimunye) for the 3rd Respondent.

I. L. KUTIGI, J.S.C. (Delivering the Leading Judgment): In the High Court of Justice holden at Aba, the plaintiff claims against the defendants jointly and severally as follows -

"(a.) A declaration that the defendants are not entitled to sell the plaintiff's property situate at and called No. 133 Aba-Owerri Road, Aba.

(b.) An order to set aside any purported sale of the said property made by the defendants on the 1st day of February or thereabout as being illegal and a nullity and damages for the wrongful act.

(c.) An order of the Honourable Court for a review of the account of the plaintiff in the 1st defendant bank to determine the amount (if any) outstanding against the plaintiff. 

(d.) An injunction to restrain the defendants by themselves, their servants or agents from selling or purporting to sell the plaintiff's aforesaid property."

Pleadings were ordered, filed and exchanged. These were further amended by leave of court. The 1st and 2nd defendants filed a joint statement o…

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