(2011) JELR 46065 (CA)    

Court of Appeal  ·  CA/I/87/2004 ·  20 Jun 2011 ·  Nigeria
STANLEY SHENKO ALAGOA Justice of The Court of Appeal of Nigeria MODUPE FASANMI Justice of The Court of Appeal of Nigeria JOSEPH SHAGBAOR IKYEGH Justice of The Court of Appeal of Nigeria
Core Terms Beta
counter claim
1st defendant
3rd defendant
learned trial judge
record of appeal
2nd defendants
lands registry
counter claim of the 3rd defendant
deed of legal mortgage
1st respondent
order of court
statement of claim
account no.
amended statement of defence
purported sale of the plaintiff
weight of evidence
20th october
2nd defendant
consideration of the issues
said deed
616b ntc road
absence of both litigating parties
admitted promissory note
auction notice
considered judgment
counter claim of the 3d respondent
cross examination
deed of assignment
favour of the 3rd respect of plaintiff
following cases
following grounds
following issues
former counsel mr. jide alao
leading judgment
legal action
loan of n45
oke ado ibadan
only loan of n35
pages 15a-15e of the record of appeal
particular reference
plaintiffs possession of the said house
see aremu v
wali v. attahiru dalhatu rafarawa

STANLEY- SHENKO ALAGOA J.C.A (Delivering the Leading Judgment): In the High Court of Justice Ibadan Oyo State of Nigeria, the Appellant as plaintiff claimed against the Respondents as Defendants) as per paragraph 31 of the Further Amended Statement of Claim amended pursuant to an order of Court made on the 4th May 1999 and fired on the 5th May 1999 as follows:-

(i) An order setting aside the purported sale of the Plaintiff's house situate at SW8/616B NTC Road, Oke Ado Ibadan by the 1st and 2nd Defendants to the 3rd Defendant on the grounds of ,fraud, irregularity and lack of good faith.

(ii) An order setting aside the Deed of Assignment registered as No. 56 at page 56 in volume 3247 of the Lands Registry in the office at Ibadan which was executed by the 1st and 2nd Defendant in favour of the 3rd respect of Plaintiff's house situate at SW8/616B NTC Road Oke Ado Ibadan.

(iii) Declaration that the plaintiff had liquidated the only loan of N35, 000.00 advanced to him by the 1st Defendant …

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