OGUNTADE JSC (Delivering the Lead Judgment): The 1st respondent was the plaintiff at the Ilorin High Court of Kwara State where he instituted against the 2nd and 3rd respondents and appellant respectively as 1st, 2nd and 3rd defendants a suit claiming jointly and severally against them the following reliefs: “(a) A declaration that the plaintiff only owes the 1st defendant a maximum of N30,158.12k as at 31-12-92.
A declaration that the 1st defendant can only charge 6 percent interest per annum on the N37,500.00 paid to the plaintiff. The purported sale of the plaintiff’s property to the 3rd defendant is null and void as it is contrary to section 19 of the Auctioneers Law.”
The parties filed and exchanged pleadings after which the suit was heard by Kawu J. At the trial, the plaintiff testified in support of his claim and tendered two documentary exhibits. He called one witness. The 1st and 2nd defendants called no evidence. The 3rd defendant (now appellant) testified on oath and tend…