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In the wake of a historic ruling by the Lagos Court of Appeal, Alhaji Agboola Abiola, the son of the late M.K.O. Abiola, has successfully regained ownership of a ₦30 billion home on Queens’ Drive in Ikoyi, Lagos.
The Federal High Court’s 2013 decision permitting Guaranty Trust Bank (GTBank) to foreclose on the property was overturned by the appeal court in a decision issued Thursday. In RCN Networks Ltd v. GTBank PLC (CA/L/888/2014), the bank’s claim to the 44-room mansion—which the Court of Appeal termed the object of a “illegal foreclosure”—was at the heart of the dispute.
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A court reveals defects in the mortgage document.
The mortgage document that GTBank used to confiscate the property had serious errors, according to the three-member Court of Appeal panel. The court emphasized that the mortgage had “handwritten alterations not present on other pages” and that the claimed mortgagor, Alhaji Abiola, never signed it.
As to the ruling, these disparities substantiated allegations of falsification and rendered the foreclosure’s legal foundation unsound. The mortgage was deemed “so deficient that it was incapable of conferring on the said bank any legal rights to foreclose on the property,” according to the legal ruling.
Nigerian Mortgage and Foreclosure Case Implications
The ruling establishes a solid precedent, according to legal experts, on the significance of confirming the integrity and legitimacy of mortgage documents in foreclosure cases. The case also demonstrates the Nigerian judiciary’s growing attention to safeguarding property rights and preventing purported financial institution abuses.
What Alhaji Agboola Abiola Should Know About This
According to the verdict, Abiola’s son is once again the owner of the renowned Ikoyi mansion, which is valued at about ₦30 billion. For over ten years, the mansion—located on one of Lagos’ most desirable addresses—was at the heart of the drawn-out court dispute.
