STANLEY SHENKO ALAGOA, J.C.A. (Delivered the Leading Judgment): In the High Court of Justice Oyo, Oyo State of Nigeria, the present Appellant as Plaintiff had in Suit No. HOY/47/90 claimed as per paragraph 37 of the amended statement of claim against the 1st and 2nd Respondents as follows -
1. An order setting aside the purported sale of the Plaintiffs property situated at Ogbomosho Road, Opposite the State Hospital, Oyo subject matter of a Certificate of Statutory Right of Occupancy of 7/9/81 registered as 34/34/2393 of the Lands Registry Ibadan, carried out on 15/5/89 by the agents of the 1st Defendant to the 2nd Defendant (a tenant in a shop in a building on the said property) on the grounds that it was fraudulent, irregular, not in compliance with the law, grossly below the market value in that not all the developments on the land was disclosed, it was not made in good faith and premature in that the 1st Defendant did nothing to satisfy the debt owed it by the principal debtor fro…