(2002) JELR 44564 (CA)    

Court of Appeal  ·  CA/J/129/97 ·  10 Apr 2002 ·  Nigeria
Other Citations
U.B.N. Plc. v. Adom [2003] 9 NWLR (Pt.825)317
ALOMA MARIAM MUKHTAR Justice of The Court of Appeal of Nigeria IBRAHIM TANKO MUHAMMAD Justice of The Court of Appeal of Nigeria OLUDADE OLADAPO OBADINA Justice of The Court of Appeal of Nigeria
Core Terms Beta
1st respondent
auction sale
2nd respondent
learned trial judge
consequential reliefs
defendant bank
statement of claim
divisional officer of the district
purported sale
trial court
above allegations
aggregate sum of n40,000
amount of the found indebtedness
auction notice
briefs of argument
case of the plaintiff
certificate of occupancy no. bn
claim of the respondent
concord magazine of 27th-2nd february
court writ
different locations
emmanuel s. adom
following orders
following reliefs
grounds of appeal
illegal sale of the plaintiff
later period
laws of northern nigeria
leading judgment
light of the above argument
lower court
matter of fact
only respondent
order of perpetual injunction
original notice of appeal bore
printed record of proceedings
property of the plaintiff
relevant provisions of the relevant statutory laws
said sale
sale of the plaintiff
such credible evidence
time limit
view of the various findings of the lower court

MUKHTAR, J .C.A. (Delivering the Leading Judgment): As per the claim of the respondent, (the plaintiff in the lower court) in his amended statement of claim, which supercedes the writ of summons (see Lahan v. Lajoyetan (1972) 6 S.C. 190 he sought the following reliefs:-

18(a) An order setting aside the sale of the plaintiff's premises covered by Certificate of Occupancy No. BN 2391 Makurdi on the ground that the purported sale was illegal and absolutely void.

(b) An order of perpetual injunction restraining the defendant from further purporting to sell off any property of the plaintiff without any court writ.

(c) One hundred thousand Naira (N100,000.00 as general damages for trespass and illegal sale of the plaintiff's property.

The case of the plaintiff is that he entered a mortgage deed with the defendant in 1976 for an aggregate sum of N40,000 which was fully paid up in 1980. At a later period when he got a contract the defendant allowed the plaintiff to overdraw his company accoun…

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