Customer Support

POLARIS BANK LTD & ORS
V.
EKONG

(2021) JELR 109613 (CA)

Court of Appeal 19 Nov 2021 Nigeria
BriefBot icon

BriefBot Summary

Free

- The Respondent, as owner and holder of the statutory right of occupancy of property at No. 50 Aka Itiam Road, Uyo, sued the Appellants after his title documents were used without his consent by the 2nd Appellant to obtain a loan from the

Case Details

Suit Number:CA/C/371/2014
Judges:Mojeed Adekunle Owoade, JCA James Shehu Abiriyi, JCA Muhammed Lawal Shuaibu, JCA
Counsel:Anthony Ebuk Esq. For the Appellants; Ima David Esq. For the Respondent.

MOJEED ADEKUNLE OWOADE, J.C.A. (Delivering the Leading Judgment): This is an appeal from the judgment of the High Court of Justice, Akwa Ibom State holden at Uyo delivered on 28th October, 2013 by Hon. Justice Andrew E. Okon.

By a Writ of Summons accompanied by Statement of Claim filed on 13th May, 2010, the Respondent as Plaintiff sued the Appellants/Defendants jointly and severally as follows:

1. A DECLARATION that there is no mortgage agreement between the Plaintiff and the 1st and 3rd Defendants legalizing the use of Plaintiff’s property as security for the loan granted the 3rd Defendant.

2. A DECLARATION that any purported deed of mortgage founding on the Plaintiff's property is null and void.

3. A DECLARATION that the estate and interest in the Plaintiff's property at no time passed to the 1st Defendant.

4. AN ORDER of perpetual injunction restraining the 1st Defendant, her agents, privies, managers, receivers or any person acting in that behalf from auctioning, selling or disposing …

There's more. Sign in to continue reading.

judy.legal is the comprehensive database of case law and legislation from Ghana, Kenya and Nigeria. Gain seamless access to over 77,000 cases, recent judgments, statutes, and rules of court.