ADAMU, J.C.A.: (Delivering the Leading Judgment): The appellant as plaintiff sued the respondent in the High Court of Ogun State holden at Ijebu-Ode claiming (as per the writ of summons) as follows:
"1. A declaration that the deed of mortgage dated the 20th of July, 1983 from the plaintiff to the defendant and registered as No.37 at page 37 in volume 212 of the Land Registry Abeokuta is ineffectual and inoperative as the plaintiff never drew on the facility purportedly secured by the deed of mortgage.
A declaration that the said deed of mortgage is ineffectual and inoperative in that the debt, if any, secured by the deed of mortgage has not crystallized and has thus not become payable.
2. An order that the defendants do discharge the said mortgage and issue a deed of release in favour of the plaintiff.
3. Perpetual injunction restraining the defendant, its assigns, privies and agents from dealing with the property lying and being along Lagos/Ondo Road. Ijebu-Ode (othe…