AFRICAN CONTINENTAL BANK LIMITED & ANOR V. A. O. AWOGBORO & ANOR

ADEMOLA, J.C.A. (Delivering the Leading Judgment): This is an appeal against the interlocutory injunction granted by Olorunnimbe, J., sitting in the Lagos High Court, Ikeja Division in this matter, on the 13th January, 1986.

The 1st plaintiff/respondent was mortgagor to the 1st defendant/appellant. The 1st appellant had advanced money to the 1st respondent for his business and the 1st respondent has defaulted in the payment of the total amount owing standing now a little over a Million Naira. Whereon, the 1st appellant instructed the 2nd defendant an Auctioneer to sell the house which is the subject-matter of the mortgage, thereby exercising his power of sale under the Mortgage Deed to sell the property No. 27 Onayade Street, Ikorodu, Lagos.

The second respondent brought a motion restraining the defendants from selling the house; claimed an interest in the house in that the house is also her residence and that of her children as well as the 1st respondent who is her husband.

The learn…