TAIWO
V.
ADEGBORO & ORS.

(1997) JELR 45437 (CA)    

Court of Appeal  ·  CA/K/244/94 ·  14 Jul 1997 ·  Nigeria
 · 
Other Citations
Taiwo v. Adegboro (1997) 11 NWLR (Pt.528)
CORAM
UMARU ABDULLAHI Justice of The Court of Appeal of Nigeria JAMES OGENYI OGEBE Justice of The Court of Appeal of Nigeria MAHMUD MOHAMMED Justice of The Court of Appeal of Nigeria
Core Terms Beta
1st respondent
property
appeal
learned trial judge
lower court
3rd respondents
public auction
trial court
mortgaged property
present case
kwara state
purported sale
societe general bank
2nd defendant
3rd party
days notice
judgment of the trial court
mr. michael adegboro
notice of appeal
sale of the mortgaged property
statement of claim
1st defendant
adegboro construction
auction price
behalf of the 1st defendant
briefs of arguments
clear view
considered judgment
course of the trial
determination of this case
evidence of the plaintiff
exercise of whose right of sale
favour of the 1st respondent
gave evidence
generality of the facts
ilorin high court
leading judgment
learned trial judge ibiwoye j.
learned trial judge right
legal mortgage deed
loan of n80,000.00
necessary locus standi
notice of sale of the property
provisions of section
right of sale
support of her claims
support of their respective cases
unambiguous provisions of section
widow of the deceased title holder resident

MOHAMMED, J.C.A., (Delivering the Leading Judgment): By a Legal Mortgage Deed executed on 20/3/93 between Adegboro Construction (Nigeria) Limited of No. 245 Ibrahim Taiwo Road, Ilorin, Kwara State as the borrower and Mr. Michael Adegboro also of No. 245 Ibrahim Taiwo Road, Ilorin as the surety on one part, and Societe General Bank (Nig.) Ltd. of No. 126/128 Broad Street, Lagos as the lending bank on the other part, Mr. Michael Adegboro (now deceased) in order to secure a loan of N80,000.00 granted to his company by Societe General Bank, agreed to mortgage his property, a house in which he and his wife and children lived to the Bank as security to ensure the repayment of the loan. However Mr. Adegboro died on 16/9/84 leaving the loan still unpaid while his wife and children who lived in the mortgaged property were not aware of the existence of the transaction with the Bank affecting the property. Meanwhile the Bank as unpaid mortgagee decided to exercise its right of sale under the Dee…

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