MUKHTAR, J.C.A. (Delivering the Leading Judgment): In the court below, the appellants who were plaintiffs made the following claims as per the writ of summons:-
(i) A declaration that the two buildings of the plaintiffs which stand on the land sub-leased to them by Emile Bouari on 5th May, 1980 and which is registered as No. 38 in volume 2295 of the Register of Deeds Ibadan are not part of any land or buildings mortgaged to the 1st defendant.
(ii) An order setting aside the purported sale by public auction of plaintiffs buildings which are at Ibuowo corner, Gbagi, facing New Court Road, Ibadan by the 1st defendant to the 2nd defendant as improper unlawful, and null and void.
(iii) Injunction restraining the defendants, their agents, successors and privies from laying claim to or in any way interfering with the quiet enjoyment of plaintiff's sublease.
Pleadings were exchanged by parties on the order of the court. The plaintiff's claim at the lower court was predicated on a sublease of …