Ratio DecidendiRatio DecidendiRatio Decidendi


(1996) JELR 45367 (SC)    

Supreme Court  ·  SC.24/1993 ·  2 Jul 1996 ·  Nigeria
Other Citations
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

Ratio Decidendi

Core Terms Beta
court of appeal
said mortgage
court fees
deed of legal mortgage
statement of claim
land registry
provisions of imo state land law
plaintiff's property
learned trial judge
leading judgment
requisite consent
provisions of the land use act
judgment of the high court
judgment of the court of appeal
chief udechukwu
cameroun road
amended statement of claim
said consent
relevant statutory provisions
state land law
calm view of the pleadings
provisions of the land use act no.
teller exhibits
behalf of the defendant bank
way of exercise of a right
military governor
mortgage deed
favour of the plaintiff
proper account
mere teller booklets
unfortunate development
account of cancelled letters of credit
end of the trial
imo state land law
mortgage of the plaintiff
way of sale
chief ifebunandu
statement of defence
good customer of the defendant
behalf of the plaintiff
trial court

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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