Ratio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio Decidendi



OMOYOLA
V.
ENTERPRISES BANK LTD

(2013) JELR 51077 (CA)    

Court of Appeal  ·  CA/AK/28/2010 ·  4 Jan 2013 ·  Nigeria
CORAM
CHIMA CENTUS NWEZE JCA CHINWE EUGENIA IYIZOBA JCA

Ratio Decidendi

Core Terms Beta
respondent’s counterclaim
appellant’s claims
customer of the 1st respondent
admitted exhibit p13
learned trial judge
appellant’s late father
first leg of the 2nd defendant
judgment of the high court of ondo state
right of sale
proper scrutiny of exhibits p5-p10
mortgage deed
release of the title documents
plaintiff’s case
1st respondent
chief sunday solomon omoyola
piece of evidence of dw1
case of the 1st defendant
mortgaged property
deed of assignment
omega bank plc
statement of claim
sale of the property
2nd defendant
said document
view of exhibits p5
conclusion of the trial
rules of this court
2nd respondent
unexecuted deed of assignment
issue no.
trial court
name of chief sunday solomon omoyola
respect of the mortgaged property
title documents
order of this court of same date
virtue of the deed of assignment
issues of fact
issues
evidence
time of his father
evidence of payment of money
evidence of the respondents
statement of account
dr. george olowolafe
spring bank plc
public auction sale
counsel
cross-examination dw1
late father
lands registry

KEKERE-EKUN JCA (Delivering the Lead Judgment): This is an appeal against the judgment of the High Court of Ondo State, Akure Judicial Division delivered on 5 August 2009 dismissing the plaintiff/appellant’s claims and granting the first leg of the 2nd defendant/respondent’s counterclaim. The facts that gave rise to the appeal are that the appellant’s late father, Chief Sunday Solomon Omoyola operating under the name and style of Otikun Bukar Enterprises was a customer of the 1st respondent, formerly known as Omega Bank Plc and later Spring Bank Plc. (hereinafter referred to as the bank). He obtained overdraft facilities from the bank. As security for the facility, he mortgaged his property at Plot 155, Block XIII, Ijapo Estate, Akure. It was the plaintiff’s case that his father liquidated his indebtedness to the bank sometime in 1993 and that in spite of repeated demands for the release of the title documents to the mortgaged property, the bank failed to comply up till the time of …

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