Aina Modupe Jeje V. Enterprise Bank Limited & Ors (2015)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

AYOBODE OLUJIMI LOKULO-SODIPE, J.C.A.(Delivering the Leading Judgment)

This appeal is against the judgment delivered on 1/8/2013 by the High Court of Justice of Ekiti State holden in Ado-Ekiti Judicial Division presided over by Hon. Justice C.I. Akintayo (hereafter simply referred to as “the Lower Court” and “learned trial Judge” respectively). In the judgment in question, the learned trial Judge dismissed the case of the Appellant (then Plaintiff) in its entirety and granted the counter-claim of the 3rd Respondent (then 3rd Defendant).

The instant case was instituted by one Caleb Jeje against Owena Bank Plc; and the 2nd and 3rd Respondents respectively on record. The writ of summons dated 2/2/1996 appears to have issued on the same date. In the statement of claim dated 17/2/1996 and filed on 27/5/1996 (see pages 8 – 10 of the record), Caleb Jeje disclosed that he had some dealings with Owena Bank Plc as a customer and that he applied for a loan from the said Bank on his current account in addition to the money he already had in the said account.

The loan was required for his trading business. Having averred that he is an illiterate in all languages, and after narrating what the manager of Owena Bank Plc did to facilitate the opening of his account and how he fell out with Owena Bank Plc, Caleb Jeje further averred that he did not sign any loan agreement as the loan he sought had not been approved before the relationship between him and Owena Bank Plc was severed.

Caleb also made averments that went to show that his house was wrongfully and irregularly sold in connection with the loan, by Owena Bank Plc (through the agent it appointed or procured for that purpose) to the 3rd Respondent. In the premises of the facts averred in the statement of claim, Caleb Jeje contended and claimed in paragraph 26 of the statement of claim as follows: –

“Paragraph 26

The plaintiff will contend at trial that the defendants have no right to sell or buy the house.

(a) That there is no Legal Mortgage Deed between the plaintiff and first defendant in respect of his property situate and behind First Bank Ado Ekiti and further

(b) That if there was one in existence, it is not properly prepared or properly executed as it was not signed by the plaintiff before a Magistrate or a person designated by Law for that purpose, the plaintiff being an illiterate.

(c) That a counterpart of the Deed was never given to the plaintiff.

(d) That the Governor’s consent was not obtained prior to the execution of the Deed.

(e) That the auction notice, if any was not pasted on the property which was intended to be sold.

(f) That the Auctioneer did not comply with all the requirements of the Law both Local and otherwise before the purported auction sale.

(g) That the procedure for and precedent to an Auction sale was not complied with.