OMAGE, JCA (Delivering the Lead Judgment): In the court below in the Kaduna Judicial Division sitting in Zaria, the appellants in this appeal issued against the defendant now respondent a writ seeking a declaration that one Mohammed I. Aliyu who signed the consent and approval to a mortgage transaction between the plaintiff and defendant in respect of the plaintiff’s property located in Park Road Zaria, which property is covered by a certificate of occupancy No. 1568 - 1570 is incompetent and that it is illegal for the said Mohammed I. Aliyu to give such a consent or approval to the mortgage.
The appellants sought three other declarations saying the deed is illegal, null and void; and for a perpetual injunction to restrain the defendants, by themselves, servants, agents from selling either by public auction or private treaty the property covered by the certificate of occupancy No. 1568, 1769 , and 1770 in exercise of the power of sale under the deed of mortgage between the plaintiff …