Gladys Thomas Davies V. Nigeria Deposit Insurance Corporation (Liquidator Of Co-operative & Commerce Bank Nigeria PLC) & Ors (2014)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

PETER OLABISI IGE, J.C.A. (Delivering the Leading Judgment)

This appeal is against the judgment of ABIA STATE HIGH COURT contained in the judgment of Honourable Justice A. U. Kalu delivered on 21st day December, 2007.

The appellant as Plaintiff had on 20-10-1999 approached the High Court of Abia State, Umuahia Judicial Division for the issuance of writ of summons against the Defendants now Respondents and same was issued on 20th day of October, 1999.

Pleadings were duly exchanged but the Appellant amended the particulars of her claim as well as her statement of claims. By paragraph 38 of the amended Statement of claim the Appellant claimed against the Respondents as follows:-

“(i) A declaration of the Honourable court that the Plaintiff is the person entitled to the grant of a certificate of statutory right of occupancy over the property known as plot 10 in block 9 of former Umuahia Ibeku otherwise called No.3 Abiriba Street, Umuahia by virtue of a DEED OF assignment dated 14th December, 1964 and registered as No. 15 at page 15 in volume 406 of the lands registry in the office at Enugu later Owerri and now Umuahia.

(ii) A declaration of the Honourable Court that the plaintiff did not at any time sell or an alienate or mortgage her said property to the 1st defendant or any of the defendants.

(iii) A declaration of the Honourable Court that the 1st defendant’s use of the title document of the property entrusted to the care and safe custody only of his late wife Mrs. Grace Irobgalachi Nnah (Nee Thomas Peter Davies) by the plaintiff and her mother as a mortgage to obtain a loan from the New Nigerian Bank Plc in 1974 through account No. 00211-04353 is unlawful and therefore null and void and cannot legally ground any dealings on the property now called No. 3 Abiriba Street, Umuahia by way of ……. or otherwise.

(iv) A declaration of the Honourable Court that the Power of attorney dated 24th August, 1981 registered as No. 69 at page 69 in volume 233 of the land registry in the office at Owerri and now Umuahia is a forgery by the 1st defendant and therefore void and of no effect whatsoever.

(v) A declaration of the Honourable Court that the use by the 1st defendant of the said forged Power of Attorney dated 24/8/81 and registered as No. 69 at page 69 in volume 233 concerning No.3 Abiriba Street, Umuahia and a false affidavit of loss of the document he had already unlawfully used to obtain a loan from the New Nigerian Bank Limited (now Plc) TO secure another loan with the Co-operative and Commerce Bank Ltd (and therefore the 2nd defendant) is unlawful, void and/or voidable.

(vi) A declaration of the HONOURABLE COURT that the 2ND AND 3RD defendants cannot in law sell the plaintiff’s said property in recovery of any debt incurred through loan the plaintiff did not obtain.

(vii) An order of Court setting aside the unlawful mortgage of the plaintiff’s property aforesaid at No.3 Abiriba street, Umuahia to the 2nd defendant by the 1st Defendant and also setting aside all registered encumbrances on the plaintiff’s deed of assignment date 14/12/64 and registered as No. 15 at page 15 in volume 406 of the lands registry at Enugu later Owerri and now Umuahia on the ground that they were obtained by forgery and fraud.

(viii) An order of Court setting aside any purported sale of the plaintiff’s property at No. 3 Abiriba Street, Umuahia aforesaid by the 2nd and/or 3rd defendants to the 4th defendant.

(ix) An order of Court on the 5th defendant to cancel and remove registrations in the lands registry at Umuahia made as encumbrances on the plaintiff’s said title.

(x) An order of injunction restraining the defendants from interfering with the said property in any manner whatsoever inconsistent with the right of the Plaintiff.”