SALAWAL MOTOR HOUSE LTD. & ANOR. V. HAJJI S. B. LAWAL & ANOR.

ONNOGHEN, JCA (Delivering the Leading Judgment): This is an appeal against the judgment of S.D. Kawu J, of the Kwara State judiciary sitting at Ilorin, in suit No. KWS/86/88, in which he dismissed the case for the Appellants.

The facts of the case are that on or about the 18th day of July, 1988 the Respondents published an auction notice in which they advertised that a building belonging to the 2nd Appellant at No. 159 Ibrahim Taiwo Road, Ilorin was to be sold by public auction on 15th August 1988 on the ground that the 2nd Appellant used the property as a collateral to secure the account of the 1st Appellant who was alleged to be a debtor to the 2nd Respondent. The 1st Respondent is an auctioneer employed by the 2nd Respondent to sell the property at No. 159 Ibrahim Taiwo Road, Ilorin. The Respondents contend that it was the failure or refusal or negligence of the 1st Appellant to repay the loan granted him despite repeated demands that resulted in the 2nd Respondent instructing the 1…