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UNION BANK OF NIGERIA PLC. & ANOR.
V.
AYODARE & SONS (NIG.) LTD.

(2007) JELR 21928 (SC)

Supreme Court 27 Apr 2007 Nigeria
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- The case involves a dispute over the validity of mortgage deeds and the consents obtained for the transactions. - The trial court and the Court of Appeal found that the consents were invalid because they were not given by the appropriate

Case Details

Suit Number:SC.375/2001
Judges:UMARU ATU KALGO Justice of The Supreme Court of Nigeria GEORGE ADESOLA OGUNTADE Justice of The Supreme Court of Nigeria ALOMA MARIAM MUKHTAR Justice of The Supreme Court of Nigeria WALTER SAMUEL NKANU ONNOGHEN Justice of The Supreme Court of Nigeria CHRISTOPHER MITCHELL CHUKWUMA-ENEH Justice of The Supreme Court of Nigeria
Counsel:V. O. Awomolo [Mrs] - (with her, O. O. Adalumo [Mrs.]; Eyitayo Fatogun, Esq. and L.S. Adzuanaga [Ms]) For Appellant AND B. K. Abu, Esq. For Respondent
Other Citations:U.B.N. Plc v. Ayodare & Sons (Nig.) Ltd (2007) 13 NWLR (Pt.1052) 567 (2007) 4-5 S.C. 42 (2007) 4-5 S.C. 42, (2007) JELR 53039 (SC)

G. A. OGUNTADE, JSC (Delivering the Leading Judgment) : The respondents in the appeal were the plaintiffs at the Lokoja High Court of Kogi State where they claimed against the appellants as the defendants the following reliefs:

"(i) A declaration that the plaintiff could not be indebted to the 1st defendant to the sum of ₦307,680.25 or any sum at all, when the plaintiff should have outstanding credit balance as a result of several payment which are in excess of the limited ₦45,000.00 covered by purported two deeds of legal mortgage.

(ii) A declaration that the purported deed of mortgage dated 2nd September, 1980; and 7th July, 1981 registered as no. 78 at page 78 in vol. xii (misc) and no. 81 at page 81 in vol. xv (misc) at the land registry Ilorin in respect of plaintiff's landed property in Lokoja and Kabba respectively be declared null and void and of no effect in that:-

(a) It was not duly executed as required by law.

(b) No consent was sought and obtained from the appropriate aut…

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