<p><strong> IBIYEYE JCA (Delivering the Lead Judgment): </strong> The respondent in this appeal was the plaintiff in the Cross River State High Court of Justice holden in Calabar where he jointly sued the defendants now appellants by way of originating summons supported by an eighteen paragraphed affidavit filed on the 25thAugust, 1992.</p><p>In the originating summons, the plaintiff sought the determination of the following questions:</p><p>(1) Whether the defendants are competent to continue to lay claim to the ownership or indicate interest in plot 247 unit of the Cross River State housing estate and the appurtenances therein when they entered into a legal mortgage on the property with Icon Limited (merchant bankers) and Icon Limited in realisation of their interest sold the property in public auction to the plaintiff.</p><p>(2) Whether the plaintiff who purchased the property in market overt should be deprived of the use of the property.</p><p> (3) Whether Icon Limited (merchant bankers) by virtue of the deed of legal mortgage …</p>