PRINCE ABDUL RASHEED A. ADETONO, FIRST BANK OF NIGERIA PLC. VS ZENITH INTERNATIONAL BANK PLC.

SUBJECT MATTER

PRACTICE AND PROCEDURE- INTERLOCUTORY APPEAL

PRACTICE AND PROCEDURE- INTERLOCUTORY APPEAL-  LOCUS STANDI CONVEYANCING- MORTGAGE- TRESPASS

It is settled that by a legal mortgage the mortgagee becomes the legal owner of the property although the mortgagor may be left in actual possession/occupation of the mortgaged property but because the mortgagee is entitled to enter into possession immediately upon the execution of the mortgage he has a right to immediate possession”. Per C.M. Chukwuma-Eneh, J.S.C.

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TABIK INVESTMENT Ltd v. GUARANTY TRUST BANK PLC

SUBJECT MATTER –BANKING/ INTERLOCUTORY APPEAL

EVIDENCE – ADMISSIBILITY OF EVIDENCE– ESSENTIALS OF TENDERING PUBLIC DOCUMENT – WHETHER SECTION SECTION 111 OF THE EVIDENCE ACT HAS TO BE COMPLIED WITH.

INTERPRETATION OF STATUTES – MEANING OF THE WORD “SHALL” IN A STATUTE:

“the word ‘shall’ connotes mandatory discharge of a duty or obligation, and when the word in respect of a provision of the law that requirement must be met.”

“By virtue of Section 318(h) of the Constitution and Section 18(1) of the interpretation Act Cap.192 LFN 1990 a police officer is a public officer, and so all documents from the custody of the police, especially documents to be used in court are public documents. Before a public document can be tendered and accepted by the court it must be certified”

Per Bode Rhodes-Vivour JSC.

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