In his amended statement of claim, in the court below, the plaintiff now respondent in this appeal claimed as follows:

The defendant in its statement of defence in the court below, counter-claimed against the plaintiff “for an order of court to foreclose the property of the plaintiff, and for enforcement of the provision of the legal Mortgage which the respondent executed in favour of the appellant to secure a housing loan, and for which he had failed to make payment, thereby erasing the interest of the plaintiff/respondent from the property and conferring right of power of sale to the defendant/appellant. The appellant also claimed in, the alternative the sum of N170,743.87 being money due and owed to the appellant by the respondents as at 10th December, 1991.” The counter-claim averred that the plaintiff has failed to make the said payment due despite repeated demands. The court below dismissed the counter-claim, and entered judgment for the plaintiff by a declaration that the plaintiff is the legal owner of the property covered by the certificate of occupancy No. LKN/CON.RES/81/471.

The claims of the plaintiff for general damages, and loss of job were refused. The court also adjudged premature the plaintiff’s claim for a return of the certificate of occupancy. The defendant was dissatisfied with the judgment of the court below and appealed.