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OKUNOLA, J.C.A. (Delivering the Leading Judgment): This is an appeal against the ruling of the High Court of Justice, Ado Ekiti dated 3rd November, 1999 presided over by Aladejana, J. The facts which led to this appeal arose from an application of the plaintiffs/respondents dated 18th February, 1998 seeking an order of the lower court to commit the defendants/appellants for contempt for disobeying the order of the Benin Division of the Court of Appeal (hereinafter referred to as the court) dated 11th July, 1990 not to sell the 2nd plaintiff/respondent's house at Ado Ekiti.
It will be recalled that in the original substantive action before the lower court respondent was second plaintiff while Solnik Nigeria Limited was first plaintiff. The claim of the said two plaintiffs is that:-
(i) There was no mortgage agreement between them and defendants, now appellants.
(ii) Interest payable by plaintiffs on the loan they took from defendant should be the original rate at which the loan was tak…