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GALADIMA, J.C.A.(Delivering the Leading Judgment): This is an appeal against an interlocutory decision of Edozie (J) of Enugu High Court delivered on 28/11/95, wherein an application by the 2nd respondent that the rent collected in respect of the property in dispute to wit: 30 Boardman Street, Uwani Enugu, be paid into court for the benefit of victorious party with effect from 30/11/95 until the determination of the case.
Briefly, the facts of this case are that the late mother of the plaintiff and one of her sons-in-laws, Nnabuife Ekwulugo, applied for and were jointly issued with letters of administration to administer the property belonging to the plaintiff's father. Sometime in 1977, the administrators took several loans from the 1st respondent and mortgaged the property.
When the administrators/mortgagors failed to liquidate their indebtedness, 1st respondent instructed their auctioneer to sell the property in order to recover the loan. The advertisement and sale of the property …