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LEGAL MORTGAGE: Whether a mortgagor is a proper party in an action seeking for protection by security agencies to enable a legal mortgagee to exercise its possessory rights- SURU WORLDWIDE VENTURES NIGERIA LIMITED v. ASSET MANAGEMENT CORPORATION OF N

HELD:

"Ex facie, the reliefs sought are for protection by the security agencies to enable the 1st Respondent exercise its possessory rights as a legal mortgagee under the Deeds of Legal Mortgage. But in order for the said rights to be exercised and for the 1st Respondent to be entitled to the security protection to exercise the rights, the rights must have crystallized under the Deeds of Legal Mortgage. The parties sued by the 1st Respondent at the lower Court were not party to the Deeds of Legal Mortgage, so they could not have assisted the lower Court in the determination of whether the rights under the legal mortgage had crystallized. Without a doubt, the 1st Respondent is correct in its contention on the legal effect of a deed of legal mortgage and the position in which it puts the 1st Respondent as mortgagee vis-a-vis the mortgage property: OKUNEYE vs. FBN PLC (supra) and ALL STATES TRUST BANK vs. NSOFOR (supra).

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