(1998) JELR 45550 (CA)    

Court of Appeal  ·  CA/1/34/93 ·  13 Jul 1998 ·  Nigeria
Other Citations
Oshinowo v. N.B.N. Ltd. (1998) 11 NWLR (Pt.574)
Nelson v. Ebanga (1998) 8 NWLR (Pt. 563) 701
ALOMA MARIAM MUKHTAR Justice of The Court of Appeal of Nigeria MURITALA AREMU OKUNOLA Justice of The Court of Appeal of Nigeria DALHATU ADAMU Justice of The Court of Appeal of Nigeria
Core Terms Beta
learned trial judge
doctrine of lis pendens
present case
interlocutory injunction
sale of the property
pendente lite
deed of mortgage
local government
said respondent
3rd party
final determination of the action
learned counsel
pendency of the motion
said deed of mortgage
said sale
service of the motion
set aside
subsequent application
supreme court
trial court
above claims
above issues of the appellant
failure of the learned trial judge
favour of the purchaser
grounds of appeal
high court of ogun state
holding of the learned trial judge
interlocutory order of injunction
ogun state
order of interlocutory injunction
own brief
perpetual injunction
principle of lis pendens
purported sale
ruling of the trial court
said mortgage
sale of a property
see yahaya v
subject matter
subject-matter of an action
subject matter of the dispute
such sale
way of sale

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.

or alternatively

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…

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