OGUNTADE, J.C.A (Delivering the Leading Judgment): The appellant/company as the plaintiff before the Lagos High Court in suit No.LD/18/98 had claimed against the two respondents (as the defendants) the following reliefs:
"(i) A declaration that the 1st defendants are not entitled to sell, alienate or otherwise dispose of, whether by private treaty or public auction or otherwise howsoever, the plaintiff's property situate at No. 24A Campbell Street, Lagos (also known as the "Rooftop").
(ii) A declaration that the 1st defendant does not have any enforceable security interest in the plaintiff's property situate at No. 24A Campbell Street, Lagos (also known as the Rooftop).
(iii) A declaration that any power of sale which may exist by virtue of the Deed of Legal Mortgage dated 13th June, 1991 and registered as No. 37 at page 37 in volume 1920 of the Land Registry Office at Lagos is not available to and cannot be exercised by the 1st defendant.
(iv) A declaration that the auction notices …