ODUYEMI, J.C.A. (Delivering the Leading Judgment): This is an appeal from the judgment of the High Court of Justice of Niger State delivered by the Suleja Division in Suit No. NSHS/SD/IM/2M and 34/93 on 18th February, 1994.
The 1st appellant is a Commercial Bank while the 2nd appellant is a Licensed Auctioneer engaged by the 1st appellant for the purpose of carrying out the sale by public auction of the plot of land and filling station of the respondent (a customer of the 1st appellant) situate along Kaduna - Lokoja Road, Suleja in Niger State.
The proceedings in the Niger State High Court (herein referred to as the lower court) which eventually led to the judgment the subject matter of this appeal commenced with a motion - Ex-parte by the respondent filed before the lower court on 22nd February, 1993.
The application which was supported by an affidavit sought the order of the lower court halting the advertised sale of the petrol filling station of the respondent billed for 10.30 a.m…