MR. S. A. ALO V. UNITED BANK FOR AFRICA LTD. KEEN OLANIRAN OLASUNKANMI (CARRYING ON BUSINESS UNDER THE NAME AND STYLE OF KEEN OLANIRAN & SONS)

FASANMI JCA (Delivering the Lead Judgment): This is an appeal against the judgment of an Oyo State High Court of Justice sitting in Ibadan Division. The judgment was delivered on 16 May 1995. The appellant as plaintiff at the lower court had claimed against the defendants as follows:

A declaration that the defendants by themselves, its servantsor agentsor acting in any other manner however, has no power to sell, auction or deal in any other manner whatsoever to dispose of any right, title or interest of the plaintiff in the property situate lying and being at Plot 23, Adisa Deji Layout, Sanni Olasanyin Village, off old Ife road, Ibadan being the subject of the purported Deed of Legal Mortgage (purportedly executed by the plaintiff) registered as No. 22 at page 22 in volume 2541 in the Ibadan Lands Registry office dated 24 November 1983 in exercise of a purported power of sale. ( i) A declaration that the second defendant is not competent to A auction the property at Plot 23, Adisa De…