Respondent took a loan of N45,000.00 from the 1st appellant to erect a house. The loan was secured with the title deeds of his property at No 9, Cemetery Road GRA Ilorin with the appellant. On 1st December, 1983 the respondent executed a deed of mortgage in respect of the property.

Upon defaulting in making his instalmental payment as provided for in the mortgage deed, appellant got an auctioneer to dispose of the mortgaged property and the Auction sale was conducted on 8th July, 1991 two days after notice to that effect had been issued and served in respect of same.

The 3rd defendant had bought the property at the said auction sale.

Respondent brought an action against the appellant, the auctioneer and the purchaser based upon which judgment was entered in favour of the respondent.

Dissatisfied, appellant appealed to the Court of Appeal.