C. IDIGBE, JSC (Delivering the Leading Judgment): In the High Court of the Western (now Ogun) State, holden at Ijebu-Ode, the plaintiff/respondent brought an action against the defendants/appellants (Barclays Bank of (Nigeria) Ltd.), and the second and third defendants/respondents for the following claims:-
"(1) A declaratory judgment that the Deed of Mortgage, .registered as No. 3 at Page 3 in Volume III in the Lands Registry, Ibadan in respect of the property situate at No. 30 Ishoku Street, Ijebu-Ode, purported to be executed by the plaintiff or on behalf of the plaintiff.......in favour of the first defendants sometime in 1970 or thereabout is irregular, null and void and of no effect, on the grounds of (a) non est factum and or (b) that conditions precedent to the purported execution thereof were not complied with in law and in fact.
(2) A declaratory judgment that any sale or disposition alienation of the property described in the said deed of mortgage referred to in claim (1) a…