ABIRIYI JCA (Delivering the Lead Judgment): This is an appeal against the judgment of the High Court of Justice, Zamfara State wherein the appellants were the 1st and 2nd defendants. The respondent was the plaintiff before the trial court. The original plaintiff at the trial was Alhaji
Yuguda Gusau. He died while the suit was pending before the trial court.After his death, he was substituted with the respondent. The respondent claimed at the trial court the following:
A declaration that the purported auction sale by the 1st defendant of the plaintiff’s properties situate and lying at No. 22 Kano Road, Sokoto covered by Certificate of Occupancy No. NW 478 and another situate and lying at Zaria Road, Gusau covered by Certificate of Occupancy No. GUS 449 to the 2nd and 3rd defendants respectively on 21 April 1994 is illegal, fraudulent, null and void sincesame isnot only in violation of the plaintiff’s constitutional right but also not in accordance with the Auctioneer’s Law, Cap. 10 of …