Martin Odenigbo Ekweozor & Anor V. Savannah Bank Of Nigeria PLC & Anor (2016)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

RITA NOSAKHARE PEMU, J.C.A. (Delivering the Leading Judgment)

This appeal is against the judgment of Honourable Justice V. N. Umeh of the High Court of Anambra State, Awka Juridical Division delivered on the 28th day of July 2005, whereby he dismissed the claims of the Appellant (plaintiff at the lower Court) against the Respondents (Defendants at the lower Court.)

SYNOPSIS OF THE FACTS

By writ of Summons filed on the 28th of February 1996, the Appellants bring the following claims against the Respondents Viz.

a) A declaration that the sale of the plaintiffs’ two landed properties at Awka whose names rental value is N20.00, in April 1994 while a suit – suit No LO/1607/91 Savannah Bank of Nigeria – plaintiff and (1) Martin Ekweozor – Defendants was pending between the plaintiffs and the 1st defendant at the Lagos High Court, Ukeja, is unlawful illegal and void,

(b) For an order setting aside the said sale;

(c) For recovery of possession of the said two landed properties.

Pages 1-2 of the Record of Appeal.

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The 1st Respondent had advanced loan facilities to the 2nd appellant in the sum of N200,000.00 (Two hundred thousand Naira)

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with interest at the rate of 13% per annum in February 1986.

The 2nd Appellant defaulted in liquidating the said loan, and after many demand notices from the respondent which the Appellants ignored, the 1st Respondent filed suit No ID/1607/1991 claiming the loan.

While suit No ID/1607/1991 was pending at the High Court of Lagos the mortgaged property was sold in auction by the 1st Respondent to the 2nd Respondent.