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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

UNITED BANK FOR  AFRICA PLC V.  JARGABA

DEBTOR AND CREDITOR – INDEBTEDNESS:- How proved – Where defendant admits collection of money – Whether burden of proof of indebtedness is deemed satisfied - Section 75 of the Evidence Act, Cap. 112 of the Laws of the Federation of Nigeria, 1990 – Rule that no fact need be proved in any civil proceedings which the parties thereto or their agents agree to admit at the hearing – Applicability – Whether the onus of proof therefore shifts squarely on the defendants to show that they had no obligation to repay the money which is established has been paid to them

DEBTOR AND CREDITOR – INDEBTEDNESS:- Mere allegation that there has been payment of money even without any admission of collecting same - Whether implies prima facie an obligation on defendant to repay

UNITED BANK FOR AFRICA PLC V. ALHAJI BABANGIDA JARGABA

 

UNITED BANK FOR AFRICA PLC V. COMRADE CYCLE LTD & ANOR

DEBTOR AND CREDITORSETTLEMENT OF INDEBTEDNESSS:- Compromise agreement as full and final settlement of outstanding indebtedness in return for the discontinuation all the pending actions relating thereto – Bindingness of

UNITED DOMINIONS CORPORATION V. LADIPO

 

UNITY BANK PLC V. DENCLAG LIMITED & ANOR

DEBTOR AND CREDITORRECOVERY UNDER A LOAN AGREEMENT:- How treated

USENFOWOKAN V IDOWU

DEBTOR AND CREDITOR:- Mortgagor and mortgagee-Mortgagor defaulting in paying debt to mortgagee-Previous action between parties set aside and re-trial ordered - Plaintiff buying property from mortgagor-Apart from judgment in respect of property no other inquiries are made by plaintiff - Collection of rents from tenants and payment of rates and electricity bills-Defendants buying from mortgagee after searches in Lands Registry - Action by plaintiff for declaration of ownership in equity.

VOISEY EX PARTE KNIGHT

DEBTOR AND CREDITOR:- Bankruptcy proceedings - Mortgage to building Society – Bankruptcy of mortgagor – Repayment structured as to impose a relationship of tenant ands landlord where mortgagor defaults - Effect

WALLERSTEINER Vs. MOIR

Loan to director – Unlawful for company to make loan to person who is its director – Loan to company wholly-owned and controlled by director – Whether loan to director – Companies Act 1948, s 190(1).

WARNER AND WARNER INTERNATIONAL ASSOCIATES (NIGERIA) LTD. V. FEDERAL HOUSING AUTHORITY

 DEBTOR AND CREDITOR:- Satisfaction of payment due under mortgage contract - Power of Sale under a Contract of Mortgage – Whether court can grant Injunction to restrain completion of Sale pursuant thereto – Readiness of mortgagor to pay amount due – Whether relevant consideration

WEIDE AND CO. (NIG) LTD VS. WEIDE AND CO. HAMBURG

WINDING UP - PETITION FOR WINDING UP ON GROUND OF INSOLVENCY OR INABILITY TO PAY DEBT

 

WESTMINSTER CITY COUNCIL V TREBY

 DEBTOR AND CREDITOR LAW:- Receivership – Claims on a company – Priority of competing claims – Debenture holder and payments due to public corporation for rates - How treated

WHELAN  V   SULE

 IOUs – When it does not give rise to a debt – Alleged indebtedness arising from amorous relations – Attitudes of court thereto

WILLIAMS AND GLYN’S BANK LTD V BOLAND AND ANOTHER (HL)

Mortgage – Equitable interest – Priority – Husband and wife’s joint purchase of matrimonial home – Conveyance in husband’s sole name – Husband mortgaging home without wife’s knowledge – Possession sought by mortgagee – Whether mortgagee having priority over wife’s equitable interest – Whether wife’s interest ‘subsisting in reference’ to land – Land Registration Act 1925, s 70(1).

WILLIAMS AND GLYN’S BANK  LTD V BOLAND AND ANOTHER (CA)

DEBTOR AND CREDITOR - MORTGAGE:- Recovery on legal mortgage by way of possession of property – matrimonial home jointly purchased by husband and wife – Where mortgage was obtained without the knowledge of one spouse - Effect

WILLIAMS V SANUSI

 Attachment of property as security for satisfaction of debt – relevance of indemnity owed by a third party to the judgment debtor – Liability of a trustee for the judgment of a registered trustee

WINKWORTH V EDWARD BARON DEVELOPMENT CO LTD AND OTHERS

Mortgage – Possession of mortgaged property – Adverse interest – Equitable interest – Wife’s equitable interest – Matrimonial home purchased and owned by company – Wife a director of company – Husband arranging for company to mortgage property without wife’s knowledge – Company incurring overdraft – Wife making contribution to reduce company overdraft – Mortgagee seeking possession of property from company – Whether any connection between contribution and acquisition of matrimonial home – Whether wife’s contribution giving her equitable interest in home – Whether wife acting in breach of duty as director.

WOODWORTH AND ANOTHER V CONROY AND OTHERS

Accountant – Lien – Unpaid fees – Particular lien – Books and papers of client coming into possession of accountant during course of ordinary professional work – Whether accountant entitled to exercise lien over books and papers for unpaid fees.

WRIGHT  v OFFICIAL RECEIVER

 Individual voluntary arrangement – Discharged bankrupt proposing IVA in respect of bankruptcy debts – Whether jurisdiction to grant interim order – Insolvency Act 1986, ss 253(3) and 281(1)

WYNDHAM V JACKSON

 DEBTOR AND CREDITOR:- Claim for an account and payment of all sums due under a contract – Where at the request of both parties, Court gave a decision on a matter which was not covered by the judge’s order for an account - Certificate issued to the effect that a certain sum was due from the defendant to the plaintiff – Validity – Whether certificate can be regarded as an award by an arbitrator, and therefore binding upon the parties

YESUFU  V NIGERIA HOUSING DEVELOPMENT SOCIETY LTD

 Borrower and lender-Action by borrower to set aside sale of property-Fraud and irregularities in conduct of sale alleged-Plaintiff conceding failure to prove fraud at trial-Particulars of irregularities alleged not given in statement of claim-Attempt by counsel to canvass anything in address-Purchaser bidding at auction through another-Validity of sale.


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