ONNOGHEN, JCA (Delivering the Lead Judgment): This is an appeal against the judgment of Hon. Justice J.F. Gbadeyan of the Kwara State High Court sitting at Ilorin in Suit No. KWS/148/93 delivered on 3rd December, 1999 in which he declared the deeds of legal mortgage executed by the 1st respondent in favour of the 2nd respondent and the auction sale premised on the deeds void and awarded damages for trespass etc.
The facts of the case are that the 1st respondent being a customer of the 2nd respondent at its Muritala Mahammed Way, Ilorin branch where the said 1st respondent was granted credit facilities between 1976 and 1978 which were secured by mortgages perfected to cover his property covered by Alienation Permit No.1120 dated 10/3/76 issued by Ilorin Local Government.
The 1st respondent later defaulted in repayment of the credit facilities resulting in the 2nd respondent instructing the 3rd respondent to sell the mortgaged property by public auction; which instructions the 3rd respo…