STANLEY SHENKO ALAGOA, J.C.A. (Delivering the Leading Judgment): At the High Court of Justice, Benin City, the appellant as plaintiff took out a writ against the respondents as defendants jointly and severally for the following reliefs -
(1) A declaration that the 1st defendant failed and/or neglected to give NOTICE in writing and serve the plaintiff that his mortgaged or legal charge property known as the Royal Estate Ugbor Road, Benin City was to be sold as required by law and so the purported sale to the 2nd defendant is null and void.
(2) A declaration that the 1st defendant being the mortgagee exercised his power of sale mala fide and without reasonable caution and so failed to obtain a proper price from the 2nd defendant and thus rendering the purported sale null and void and of no effect.
(3) A declaration that the said mortgaged property was sold by the 1st defendant to the 2nd defendant during the pendency of suit No. B/1/85 between the 1st defendant and the plaintiff which …