YARGATA BYENCHIT NIMPAR, J.C.A. (Delivering the Leading Judgment): This appeal is against the ruling of the Lagos State High Court delivered on the 2nd day of November, 2000 by HON. JUSTICE MONI FAFIADE (MRS) wherein the appellants' application to set aside sale of the property situate at No. 16, Abiola Street, Alapere Ketu, Lagos and for which possession had been given to the 2nd Respondent. The appellant dissatisfied with the said ruling filed an Amended Notice of Appeal dated 23rd June, 2003 filed on the 24/6/2003 setting out 4 grounds of appeal.
FACTS:
The brief facts of the case are that the Appellants were judgment debtors/applicants at the Lower Court. The 1st Respondent was Plaintiff. The 1st Appellant applied for a loan from the 1st Respondent while the appellants gave corporate and personal guarantee for N1,000,000.00 (One Million Naira) at 10.5% per month interest for 90 (Ninety) days to the 1st Respondent.
Appellant's effort at repayment issued Eko International Bank Plc c…