CHIMA CENTUS NWEZE, J.C.A. (Delivering the Leading Judgment): The second respondent sued the first respondent for the recovery of a banking facility it granted to his company. It obtained judgment. That was in suit number KWS/240/94.
Subsequently, upon a motion ex parte filed by Kayode Oyende Esq. on behalf of the second respondent, creditor to the first respondent's companies, the High Court of Kwara State (coram: Folashade Oju J) ordered the disposal of the property of the first respondent-- by public auction - to satisfy the judgment debt.
Pursuant to that order, the Sheriffs of the court conducted a public auction on 6/2/1998. The appellant was the highest bidder.
The first respondent resisted the appellant's attempt to take possession of the building [subject of the auction sale]. On 11/8/1998, he originated a suit at the lower court. He beseeched the court to favour him with an order setting aside the writ of attachment, the auction notice, warrant of possession and sale of his…