MUSDAPHER, J.C.A.: (Delivering the Leading Judgment) This is an appeal from Kogi State High Court in suit No. KWS/53/89 holden at Lokoja. The plaintiffs, as per paragraph 21 of their amended Statement of Claim, claimed the following reliefs jointly and severally against the defendants:-
A declaration that the plaintiffs could not be indebted to the lst defendant to the sum of N307,880.25 or any sum at all, when the plaintiffs should have outstanding credit balance as a result of several payments which are in excess of the limited N45,000.00 covered by the purported two deeds of legal mortgage.
A declaration that the purported deeds of legal mortgage, dated 2nd
September, 1980 and 7th July, 1981, registered as No. 78 at page 78 in Vol. XII (misc) and No. 81 or page 81 in Vol. XV (misc) at the Lands Registry Ilorin, in respect of plaintiffs landed property in Lokoja and Kabba respectively, be declared null and void and of no effect in that:-
It was not duly executed as required by law.
No …