YEMOLE NIGERIA LIMITED & ANOR V. ACCESS BANK PLC

NONYEREM OKORONKWO, J.C.A. (Delivering the Leading Judgment): The appeal in this proceeding relates to the judgment of the High Court of Oyo State in suit No. 1/223/09 delivered on 28th February, 2011 per M.O. Bolaji Yusuff (now JCA) wherein the case of the appellants was dismissed and the counter-claim of the respondent succeeded as claimed.

The appellants in the High Court at Ibadan had claimed against the respondent for the following:

(1) A declaration that the plaintiffs are not indebted to the defendant to the tune of Eight Million, Seven Hundred and Thirty-Eight Thousand, Seven Hundred and Thirty-one Naira, Ninety-six Kobo (N8,738,731,96) being the amount alleged to be outstanding against the 1st claimant by the defendant or any sum at all.

(2) Declaration that the defendant is not entitled to sell the 2nd claimants property, situate, lying and being at Off Kunle Abass Road, New Bodija Ibadan, Oyo State without compliance with Auctioneers Law of Oyo State or the provisions or claus…