OGBERO EGRI VS OGBERO UKPERI
August 14, 2025AFRICAN CONTINENTAL BANK LTD VS JAMMAL STEEL STRUCTURES LTD
August 14, 2025Legalpedia Citation: (1973) Legalpedia (SC) 41689
In the Supreme Court of Nigeria
Wed Nov 28, 1973
Suit Number: SC. 68/1971
CORAM
ELIAS, CHIEF JUSTICE, NIGERIA
BABALAKIN,JUSTICE, SUPREME COURT
SOWEMIMO, JUSTICE, SUPREME COURT
PARTIES
THE FEDERAL ADMINISTRATOR GENERAL & 12 ORS APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The plaintiffs sued for a declaration that Cardosos equity of redemption has become extinguished and that the property has vested in Daniels estate. On the other hand, the mortgagors case is that the debt had been repaid in full before Cardosos death in 1930, but that there had been no reconveyance by Daniel to Cardoso because, the defendants alleged, Daniel persistently put off Cardosos children when asked for it.
HELD
The Supreme Court held that on the failure of the defendants to redeem the mortgage, Daniel went into possession in 1933 and that, by virtue of Section 7 of the Real Property Limitation Act 1874, which is a statute of general application in Nigeria, the plaintiffs have acquired an indefeasible title as against the defendants whose equity of redemption had become extinguished by the time the plaintiffs first filed their action in 1964.
ISSUES
1. Whether or not the mortgagee went into possession
2. Whether or not the twelve-year period has extinguished the mortgagors equity of redemption
RATIONES DECIDENDI
REDEMPTION OF PROPERTY
“If then the mortgagor intends to redeem his property, he must take the initiative to bring an action for redemption. It is not for the mortgagee to make the first move unless he wants his money back quickly; he may decide to sit back and wait until the mortgagors claim becomes statute-barred, or he may sue for foreclosure or he may exercise his right of sale of the property, in the two latter cases by action at law.” Per ELIAS, CJN
RIGHTS OF A MORTGAGOR
“Now, it is settled law that a mortgagor has two types of rights, one legal and the other equitable; there is his legal right to redeem his property on payment of capital and interest to the mortgagee on the contractual date, and there is his equity of redemption which is an equitable interest arising as soon as the date for repayment is past and no payment has been made by the mortgagor.” Per ELIAS, CJN
CASES CITED
1. Fatoyinbo v. Williams (1956) 1 FSC 87
STATUTES REFERRED TO
1. The Real Property Limitation Act, 1874
