NURU WILLIAMS AND ORS VS ADAMO AKINWUNMI AND ORS
September 2, 2025NORTHERN ASSURANCE COMPANY LTD VS STEPHEN IDUGBOE
September 2, 2025Legalpedia Citation: (1966-04) Legalpedia 98672 (SC)
In the Supreme Court of Nigeria
Holden at Abuja
Fri Apr 22, 1966
Suit Number: SC 414/1964
CORAM
ABRETT JUSTICE, SUPREME COURT
AJEGBO JUSTICE, SUPREME COURT
COKER JUSTICE, SUPREME COURT
PARTIES
ALHAJI MUSTAFA ALI
APPELLANTS
MRS. A. A ALLEN
RESPONDENTS
AREA(S) OF LAW
Commercial Law – Mortgage-Interpleader
SUMMARY OF FACTS
The respondent to this appeal, Mrs A. A. Allen, obtained judgement in the Magistrate’s Court, Ibadan, against one KasumuAlao, and as he could not satisfy the judgement in full she was granted leave by the High Court to attach his immovable property. A piece of land with a house on it at OriEru, Idikan, Ibadan, was attached by the Deputy Sheriff, and the appellant laid claim to it, whereupon the Deputy Sheriff took out an interpleader summons.
HELD
The appellant cannot be allowed to enforce indirectly a security which he could not enforce directly.
ISSUES
Whether the judge was right when held that the appellant had failed to prove compliance with sections 12 and 19 of the Moneylenders Law
RATIONES DECIDENDI
BURDEN OF PROOF IN A MORTGAGE CLAIM
The burden of proof as to compliance with these sections of the Moneylenders Law lies on a claim by a mortgagee in interpleader proceedings-Per Brett, J.S.C
CASES CITED
Baba-Egbev. Kasumu (1954) 14 W.A.C.A. 444
STATUTES REFERRED TO
The Moneylenders Law
