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OGUNWUMIJU, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment or the High Court of Justice Kwara State delivered by Hon. Justice A. O. Belgore on 5th April 2001.
The facts which gave rise to the appeal are as follows:
The appellant maintained a loan account with the 1st respondent at its Offa Branch. The parties executed a deed of legal mortgage. The security for the loan is the appellant's property lying and being at off Olofa Way Near New Yidi praying Ground, Offa. In 1981 the appellant stopped operating the account. In February 1995, the appellant saw an auction notice pasted on his house by the 2nd respondent on the instruction of the 1st respondent.
This prompted the plaintiff/appellant to sue the respondents jointly and severally in the High Court sitting at Offa. Pleadings were duly filed and exchanged and the case proceeded to trial. Near the end of the proceedings the plaintiff amended his pleadings.
By the amended writ and statement of claim fâŚ