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Setting Aside the Sale of an Immovable Property


2. Suraj Garba Karaye … … … … Appellants
And
(Lead Judgement delivered by Honourable Nwali Sylvester Ngwuta, JSC)
Facts
By a Deed of Legal Mortgage, a certain Musa Adamu obtained an overdraft facility from the defunct United Arab Bank in the sum of N250,000.00. The facility was secured by two properties, one of which is a property situate at No. 93, Ibrahim Umar Street, adjacent to Bayero University (BUK) staff quarters, Kano and covered by a Certificate of Occupancy No. LKN/RES/RC/82/1790 (“the property”). Upon the default of Musa Adamu to service the loan, the bank instituted an action against him in Suit No. K/347/92 and obtained judgement against him. Subsequently, the property was sold to the Respondent on 3rd January, 1995, by an ex parte order of court. The Respondent was issued a certificate of purchase in this regard. ....

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