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NIGERIAN DEBTOR & CREDITOR LAW CASES [POLICY, PRACTICE & PUBLISHING LAW REPORTS, 3PLR]

Bankruptcy      Collections      Credit & Mortgage     Debt Recovery    Insolvency     Receivership    AMCON Actions


Comprehensive A-Z PDF Copy of this Index complete with "Citations" and "Main Issues" either singly or as a compendium of other CATEGORIES  - are available for a fee. Just fil this FORM HERE or email lawnigeria@gmail.com & treentrees@gmail.com or
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TITLE

MAIN ISSUES

BAMGBALA V DEPUTY. SHERRIFF.LAGOS C.F.A.O.

 

BANK OF THE NORTH LTD. v AKINTOYE

DEBTOR AND CREDITOR:- Mortgage – Dispute over same - Deposit of a deed – Where such posit cannot be accounted for in any other way – Whether taken as part performance of a contract to create a legal mortgage even when not a word about a contract has been said.

BANK OF THE NORTH V ALHAJI IDRISU OJEBA LTD AND 2 ORS

 

BANK OF THE NORTH V INTRA BANK S. A

 

BANQUE FINANCIERE DE LA CITE V. PARC (BATTERSEA) LTD. AND OTHERS

 

BARCLAYS BANK D.C.O. V MEMUNATU HASSAN

DEBTOR AND CREDITOR:- Bank - Recovery of loan extended by way of overdraft on deposit account secured by way of legal mortgage -  Where debtor is illiterate – When memorandum of deposit would be deemed unenforceable

BARCLAYS BANK LTD V W J SIMMS SON AND COOKE (SOUTHERN) LTD AND ANOTHER

DEBTOR AND CREDITOR LAW:- Bank Customer – Recovery of sum on a countermanded check which was paid by bank due to oversight – Relevant considerations - How treated

 

BARRATT V GOUGH-THOMAS

DEBTOR AND CREDITOR – MORTGAGE:- Redemption proceedings – Right of solicitor to exercise a right of lien over mortgage deeds in satisfaction of fees – What needs to be shown

BATEMAN V SERVICE

DEBTOR AND CREDITOR:- Recovery of money owed by foreign corporate entity – Need to consider the incorporation statute of home country in determining liability - Liability of individual agent connected therewith – Legal basis

BELOXXI & COMPANY LIMITED & ANOR v. SOUTH TRUST BANK & ORS.

 

BELOXXI INDUSTRIES LTD & ANOR. V. HWA TAI INDUSTRIES BERHARD LTD.

 

BENJAMIN LEONARD MACFOY V UNITED AFRICA COMPANY LTD

 DEBTOR AND CREDITOR LAW: Levying execution and sale of goods of debtor

BENTWORTH FINANCE (NIG) LTD GWAMBE

 

BFI GROUP CORPORATION v. BUREAU OF PUBLIC ENTERPRISES

DEBTOR AND CREDITOR – BOND:- Definition as a certificate or evidence of debt on which the issuing company promises to pay the bond holders a specified amount of interest for a specified length of time and to repay the loan on the expiration date - Obligor and Obligee – Distinction vis a vis the the instrument of bond called an obligation

BIDA V C.O.P

 

BIRMINGHAM MIDSHIRES MORTGAGE SERVICES  v. MAHAL and ANR SECOND

 

BONSOR V MUSICIANS' UNION

DEBTOR AND CREDITOR LAW:- Proceedings for recovery against a registered trade union – Status as voluntary association of individuals capable of suing and being sued in its registered name and of holding property, through trustees – Whether a creditor holding a decree against the trade union could levy execution against the union directly or its trustees – Whether a judgment creditor can look only to the funds of such a trade union to satisfy his debt, and to the extent to which the funds may be augmented from time to time by contributions of members, whether new or old

BORNU HOLDING CO. LTD. V BOGOCO

 

BRISTOL & WEST BUILDING SOCIETY V. HENNING AND ANOTHER

DEBTOR AND CREDITOR:- Mortgage – Possession of mortgaged property – Adverse interest – Equitable interest – Priority between mortgagee’s interest and equitable interest – Matrimonial home – Man sole owner at law – Where mortgage first legal charge on property – Mortgage granted with woman’s knowledge and approval – Man ceasing to pay mortgage instalments – Whether woman has beneficial interest in property – Whether woman having irrevocable licence to remain in house – Whether woman’s interest has priority over mortgagee’s interest.

C. BEN WARRI V G. S. ONWUCHEKWA

DEBTOR AND CREDITOR:- Promissory Note – Pledge of house property in same document ­ –Whether document Promissory Note or Mortgage – How treated

CADWELL v  JACKSON AND OTHERS

DEBTOR AND CREDITOR:- Bankruptcy – Proof of debt – Admission of proof of debt – Appeal against proof of debt – Family proceedings

CAPITAL FINANCE CO. LTD. v. STOKES AND ANOTHER II

DEBTOR AND CREDITOR– LIEN:- Vendor and Purchaser - Lien of vendor - When arises - Effect on lien if property charged to vendor - Lien for part of unpaid purchase money at date of contract - Whether impliedly abandoned on completion - If charge subsequently avoided, vendor not entitled to lien.

CAPITAL FINANCE CO. LTD. v. STOKES AND ANOTHER

 

CENTRAL BANK OF NIGERIA V. IFEANYICHUKWU OKONKWO

 

CHEVRON NIGERIA LIMITED V. LONESTAR DRILLING NIGERIA LIMITED

 

CHIEF DR. OLUSOLA SARAKI V. ALSTHOM S.A. AND SOCIETE GENERAL BANK OF NIGERIA

DEBTOR AND CREDITOR LAW: Recovery of loan – Nigerian bank as guarantor of loan obtained by a primary debtor from a foreign lender – Recovery of loan from Nigerian bank – Failure of debtor to settle Nigerian Bank – Claim to recover – Whether foreign bank is a proper party to such proceedings – How treated

CHIEF JOSEPH AKINBINU AKINNAWO V. CHIEF LISADOKO JOHN OROTUSIN

DEBTOR AND CREDITOR:- Judgment debtor – Application for grant of stay of execution of judgment – Duty of court in granting a judgment debtor the relief of stay of execution to maintain a balance between the need to have the successful party enjoy the fruit of his victory and at the same time to ensure that the unsuccessful party who had appealed would not be incapacitated as not to pursue his legitimate constitutionally guaranteed right to appeal against the judgment – Need to consider if there were any special or exceptional circumstance that would warrant the order for stay of execution to be made

CHUKWUDI OKASIA v. EJIKE OGUEBEGO & ORS

 

CIVIL DESIGN CONSTRUCTION NIG. LTD V. SCOA NIGERIA LIMITED

 

CORPORATIVE & COMMERCE BANL PLC V. JONAH DAN OKORO EKPERI

 

DANIEL ENYIM V. BANK OF BRITISH WEST AFRICA LTD

 

DANIEL TAYAR TRANS ENT. NIG. CO. LTD. V. ALHAJI LIADI BUSARI & ANOR

DEBTOR AND CREDITOR - RIGHT OF AN UNPAID MORTGAGEE: When the right of an unpaid mortgagee can lawfully arise

DAVID KUMBUL V. DAVID UMEH

DEBTOR AND CREDITOR:- Initial loan evidenced by a written agreement, subsequently reviewed and annexed to other loan transactions – Recovery of through instalmental payments – Dispute arising therefrom – How treated

DAVIS V MARTIN-SKLAN

DEBTOR AND CREDITOR:- Insolvency – Voluntary arrangement – Effect of subsequent bankruptcy order on voluntary arrangement – Whether moneys paid to supervisor of arrangement forming part of the bankrupt's estate – Insolvency Act 1986, ss 260, 264, 276.

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