The 1st Respondent obtained a loan from the 2nd Respondent. As a collateral security for the loan, the 1st Respondent executed a deed of mortgage exhibit PI in favour of 2nd Respondent. The deed covered 1st Respondent's property at No. 21 Offa Road, Ilorin. Clause 10 of the deed of mortgage exhibit PI confers the power of sale on the 2nd Respondent in a clear language. The power of sale was to be exercisable if any of the following happened:

The 1st Respondent' defaulted in the payment of the mortgage loan. The 2nd Respondent in writing asked the 1st Respondent to redeem the mortgaged property by paying the outstanding sums. The demand notice was tendered in evidence as exhibit D1. Following 1st Respondent's inability to redeem the mortgaged property, the 2nd Respondent instructed the 3rd Respondent to sell the mortgaged property. Following a printed auction notice, the property was on 30/3/92 sold to the Appellant. It was undisputed that the auction notice was pasted on the mortgaged property on 28/3/92 and the property sold on 30th March, 1992. In effect only 2 days notice was given of the public auction.

After the sale of the 1st Respondent's property to the Appellant, the 1st Respondent, who was the Plaintiff at the Ilorin High Court of Kwara State instituted against the 2nd and 3rd Respondents and Appellant respectively as 1st, 2nd and 3rd Defendant a suit claiming jointly and severally against them.

The learned trial Judge in his judgment dismissed the 1st Respondent's case and held that the Appellant was a bonafide purchaser of the property of the 1st Respondent for value without notice.

The 1st Respondent was dissatisfied with the judgment of the trial Court. He appealed to the Court of Appeal, Ilorin, Division. The Court of Appeal allowed the appeal in part. The Court held that the sale of the mortgaged property to the Appellant by the 3rd Respondent on the instruction of 2nd Respondent was null and void.

Dissatisfied with the judgment of the Court of Appeal, the Appellant appealed to the Supreme Court.