CORAM

SALIHU MODIBBO ALFA BELGORE, JUSTICE, SUPREME COURT

AUGUSTINE NNAMANI, JUSTICE SUPREME COURT

PARTIES

1. ALHAJI AMINU ISHOLA (substituted by Mr. Abdul Ganiyu Ishola) APPELLANTS

RESPONDENTS

AREA(S) OF LAW

SUMMARY OF FACTS

The Plaintiff/Appellant instituted an action against the Defendant/Respondent to forestall the sale of a mortgaged property alleging, inter alia the invalidity of the mortgage deed. The court found in his favour but this was reversed by the Court of Appeal, hence this further appeal. ?

HELD

Dismissing the appeal

ISSUES

1. Whether the court below was right to have relied on the decision of this court in Union Bank of Nigeria Limited V. Ozigi (1994) 3 NWLR (pt. 333) 385 to hold that this present case was on all fours with the earlier case when this was factually not so. 2. Whether the issues of illegality/invalidity of the consent to mortgage contained in Exhibit 1 was a new issue raised by the trial court that entitled the court below to set aside the decision of the trial court on the point.3. Whether the Court of Appeal was right to have tampered with the unassailable findings of fact made by the trial court and whether the appellant did not prove his case as required by law, when the respondent did not answer the salient parts of the appellant’s case at the trial court.?

RATIONES DECIDENDI

CASES CITED

1. Union Bank of Nigeria Limited V. Ozigi (1994) 3 NWLR (pt. 333) 3852. Adebanjo V. Brown (1990) 3 NWLR (pt. 141) 661 at 6753. Wayne (W. Africa) Ltd V. Ekwunife (1989) 2 SCNJ 994. Adeniji & Ors V. Adeniji & Ors (1972) 4 SC 10 at Page 17;5. African Continental Seaways Limited V. Nigerian Dredging Roads & General Works Limited (1977) 5 SC 235 at 250; 6. Overseas Construction Company (Nig) Ltd V. Creek Enterprises (Nig.) Ltd & Anr (1985) 3 NWLR (pt. 13) 407 at 414?

STATUTES REFERRED TO

1. Land Use Act2. Auctioneers Law of Kwara State3. Kwara State High Court (Civil Procedure) Rules 1989

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