FASANMI JCA (Delivering the Lead Judgment): This is an appeal against the ruling of the High Court of Justice Oyo State delivered on 12 July 2002. The appellant was the 1st respondent before the lower courtwhile the 1st respondent was the applicant in suit No. 1/172/2000. The relief sought for at the lower court was for an order setting aside the sale of the judgment debtor/applicant’s immovable property situate, lying and being at No. 10 Salawu Street, New Gbagi, Ibadan, Oyo State for noncompliance with the legal procedures for sale.
The 1st respondent filed the application dated 19 March 2002 while the appellant filed a counteraffidavit dated 23 May 2002. The application was argued on 7 June 2002 and ruling was delivered on 12 July 2002. The purported sale of the 1st respondent’s property on 12 March 2002 was set aside by the lower court. The appellant being dissatisfied with the said ruling thereafter appealed to this court by its notice of appeal dated 15 July 2002 containing 3…