NWEZE JCA (Delivering the Lead Judgment): The second respondent sued the first respondent for the recovery of a banking facility it granted to his company. It obtained judgement. That was in suit No. KWS/240/94.
Subsequently, upon a motion ex parte filed by Kayode Oyende Esq. on behalf of the second respondent, creditor to the first respondent’s companies, the High Court of KwaraState (coram: Folashade Ojo J.) ordered the disposal of the property of the first respondent by public auction, to satisfy the judgment debt. Pursuant to that order, the Sheriffs of the court conducted a public auction on 6 February 1998. The appellant was the highest bidder. The first respondent resisted the appellant’s attempt to take possession of the building (subject of the auction sale). On 11August 1998, he originated a suit at the lower court. He beseeched the court to favour him with an order setting aside the writ of attachment, the auction notice, warrant of possession and sale of his said buildi…