ALHAJI ILIYASU HONG V. FEDERAL MORTGAGE FINANCE LIMITED FRANK ISEH & CO. ALHAJI BASHIR HAYATU

MUKHTAR, JCA (Delivering the Lead Judgment): As per his amended statement of claim, which supersedes the writ of summons, (see Lahan v. Lajoyetan (1997) 6 SC 190, the plaintiff, (who is now the appellant) in the lower court claimed the following reliefs:- 1. A declaration that the purported sale of the plaintiff’s mortgaged property by the 1st and 2nd defendants unto the 3rd defendant is null and void on account of the connivance perpetrated by the 1st defendant’s Manager, 2nd defendant and the 3rd defendant in respect of the alleged sale. A A declaration that the purported sale of the plaintiff’s mortgaged property on 24/6/96 was irregular, unlawful and done in bad faith and therefore a nullity. A declaration that the plaintiff’s mortgaged property allegedly auctioned at the price of about N480,000.00k (four hundred and eighty thousand Naira) only was sold at gross undervalue. An order of the court setting aside the purported auction/sale of the plaintiff’s property made on 24/6/…