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OSHINOWO
V.
NATIONAL BANK OF NIGERIA LTD.

(1998) JELR 45550 (CA)

Court of Appeal 13 Jul 1998 Nigeria
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- The appellant challenged the validity of a mortgage sale, claiming that the respondent sold the mortgaged property during the pendency of an application for an interlocutory injunction restraining such a sale, after the respondent had bee

Case Details

Suit Number:CA/1/34/93
Judges: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
Counsel:B.O. Ogunleye For Appellant For Respondent
Other Citations:Oshinowo v. N.B.N. Ltd. (1998) 11 NWLR (Pt.574), (1998) 8 NWLR (Pt. 563) 701, (1998) JELR 74488 (CA)

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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