TOBI, JSC (Delivering the Leading Judgment): The appellant is the plaintiff. He is the registered owner of plot No.3, Julius Bala Crescent, Legislators Quarters, Jos. The Certificate of Occupancy bears No. BP 3785. The appellant is also the Chairman and Managing Director of Crystal Star Associates and Company Limited.
The plot was mortgaged to the 1st respondent as collateral for a loan advanced to Crystal Star Associates and Company Limited. Between 1987 and 1990 the 1st respondent, the mortgagee, made several attempts to realise their security. The first attempt was made between June and July 1987. The property was advertised for public auction because of the default on the part of the appellant to redeem the mortgage.
The 1st respondent decided to sell the property. Appellant quickly ran to court to stop the sale. That was in suit No. PLD/J 197/87. The suit was assigned to Soluade, J. It was dismissed for want of diligent prosecution.
On 16th February, 1988 the appellant filed two…