In 1977 the appellant used is property the subject matter of the suit leading to this appeal to secure a loan granted by the 1st respondent to Messrs. Nobgroup Motors Limited. A deed of legal mortgage was executed between the parties. It provided for a continuing security to cover both an initial advance of N60,000.00 as well as any future or subsequent advances to be made by the 1st respondent to the principal borrower (Nobgroup Motors Limited). When the borrower defaulted in payment, the 1st respondent issued several demand notices to both the borrower and the appellant. It eventually advertised the property for sale in the Daily Star issue of 14/10/80 and the Weekly star issue of 27/9/81. The 1st respondent sold the property by public auction on 28/9/81. The property was sold and conveyed to the 2nd respondent by a deed of assignment (Exhibit "F").

The appellant then sued the respondents at the High Court claiming as follows:-

"an order of court setting aside the purported sale of his property numbered 37 Afubera Street, Modebe Layout, Onitsha by the 1st defendant to the 2nd defendant on the ground that the said sale was fraudulent, made in an irregular manner and in contempt of the court"

After the filing of pleadings and trial, the High Court dismissed the appellant's case. His appeal to the court of Appeal having been dismissed, the appellant appealed to the Supreme Court.

In the Supreme Court, the appellant raised for the first time the issue of the failure of the respondents to comply with sections 19 and 20 of the Auctioneers Law Cap 12 Law of Anambra State. However, no leave of court was sought or obtained before the issue was raised.