United Bank of Africa PLC & Ors. V. Michael Adedapo Ademola (2008)

LawGlobal-Hub Lead Judgment Report

GEORGE OLADEINDE SHOREMI, J. C. A.

 The Respondent in this case by a writ of summons filed in the lower court claims as follows:

“The Plaintiffs claim jointly and severally against the defendants is for:-

1. Declaration that the purported sale of the Plaintiffs Landed property situated at Block ‘E’ Plot 5 on Isikan Family Layout off Akure Ondo Road, described and Delineated on Survey Plan Number MAW/625176, to an unknown person and previously mortgaged to the National Bank of Nigeria vide No. 29 at page 29 in volume 231 in the Lands Registry, Akure is illegal, Null, void and of no effect whatsoever.

2. Perpetual Injunction restraining the 2nd Defendant and or any of His Commissioners and in particular the 3rd defendant from giving the Governor’s consent to any transfer or dealing on the said landed property by any person or unknown buyer under the Lands use Act.

3. Injunction restraining the 4th defendant and or the 3rd defendant from effecting any registration evidencing the aforementioned purported sale if the Governor’s consent had been obtained before the institution of this suit and also mandatory injunction commanding the 3rd and 4th defendants to effect an amendment to the Registrar of Deeds reflecting the true mortgage of the said landed property as the National Bank of Nigeria Ltd. and the Plaintiff as the true owner and mortgagor to the said National Bank of Nigeria Limited of the said landed property.

4. Order of Court commanding the 1st, 5th, 6th, 7th and 8th Defendants to pay the Plaintiff the sum of N141, 200.00 being the rent due to the Plaintiff from April, 1992 and up to August, 1996 and to continue to pay the rent to the Plaintiff up to the date of judgment with 22 percent interest on the arrears of rent.

5. N100, 000.00 (One Hundred Thousand Naira only) being Special and general damages being the cost of this litigation, Trespass to the said property and cost of medical treatment for coma and hypertension resulting from the effect of the news Of the purported sale of the said property.

Dated at Akure this 1st day of February, 1997.”

Having ignited his claim by serving the writ of summons on the defendant now appellant, parties filed and exchanged pleadings.

The respondent was a banking customer of the appellant from whom he had obtained a loan facility of N125, 000.00 for which he gave his property at Block ‘H’ Plot 11 & 28 situate at Fanibi Layout Akure as security.

Simultaneous with the respondents dealing with the appellant, the respondent was also a customer of the National Bank Nigeria Ltd to whom he had mortgaged another property of his Block ‘E’ Plot 5 situate at Isinkan Family Layout off Akure Ondo Road as security for another loan. This other loan having been paid, Certificatt: of Occupancy of the mortgaged property was returned to the respondents. See Exhibit ‘A’

The Respondents having failed to repay the loan granted him by the appellant, the respondents other property was traced out by the appellant i.e. Block ‘E’ Plot 5 at Isikan Layout – was sold by the appellant instead of the property at Block H Plots 11& 28 at Fanibi Lay-out.

The parties proceeded to trial on the following documents as amended from time to time pursuant to the orders of the trial court as follows: