Ugochukwu v. Coop & Comm. Bank Ltd (1996) 6 NWLR (Pt.456)524 Ugochukwu v. Coop.Comm. Bank Ltd. (1996) 6 NWLR (Pt. 456) 524
SALIHU MODIBBO ALFA BELGORE Justice of The Supreme Court of Nigeria
IDRIS LEGBO KUTIGI Justice of The Supreme Court of Nigeria
MICHAEL EKUNDAYO OGUNDARE Justice of The Supreme Court of Nigeria
UTHMAN MOHAMMED Justice of The Supreme Court of Nigeria
YEKINI OLAYIWOLA ADIO Justice of The Supreme Court of Nigeria
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Core Terms Beta
court of appeal
deed of legal mortgage
statement of claim
provisions of imo state land law
learned trial judge
provisions of the land use act
judgment of the high court
judgment of the court of appeal
amended statement of claim
relevant statutory provisions
state land law
calm view of the pleadings
provisions of the land use act no.
behalf of the defendant bank
way of exercise of a right
favour of the plaintiff
mere teller booklets
account of cancelled letters of credit
end of the trial
imo state land law
mortgage of the plaintiff
way of sale
statement of defence
good customer of the defendant
behalf of the plaintiff
KUTIGI, JSC (Delivering the Leading Judgment): By paragraph 22 of his Amended Statement of Claim the plaintiff claimed against the defendant as follows:-
"A. Declaration that the Deed of Legal Mortgage purportedly made between the plaintiff as Mortgagor and the defendant as Mortgagee registered as No. 39 at page 39 in volume 208 of the Land Registry in the office at Owerri is otiose, null and void or in any event unenforceable against the plaintiff's property at No. 239 Cameroun Road, Aba.
B. An injunction perpetually restraining the defendant by itself or through privies acting on its behalf from exercising any rights pursuant to the said mortgage by way of sale or otherwise of the plaintiff's property known as No. 239 Cameroun Road, Aba.
C. Declaration that upon a proper account taken, the plaintiff is not owing the defendant the sum of ₦1,047,249.00 as claimed by the defendant in its letter of the 22nd of July, 1988 addressed to the plaintiff.
D. The sum of ₦73,217.54 being refund…
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