HELEN MORONKEJI OGUNWUMIJU, JSC (Delivering the Leading Judgment): This is an appeal against the judgment of the Court of Appeal, Lagos Division coram: Rapheal Chikwe Agbo, Ibrahim Mohammed Musa Saulawa, Rita Nosahare Pemu, JJCA delivered on the 8th day of July, 2011.
The facts of this case are as follows:
The appellants are the administrators of the estate of Late Adedoyin A. Sonuga. Late Sonuga had title to property situate at No. 8, Ogunfowokan Street, Okota, Lagos. He obtained a loan from the respondents for the purpose of completing development on his matrimonial home being the said No. 8, Ogunfowokan Street, Okota, Lagos. The first appellant is the late Mr. Sonuga's wife. The late Mr. Sonuga entered into a legal mortgage of the property with the respondents. The said property was developed and the loan repaid. The legal mortgage was discharged. However, the title documents of the property were never released to late Mr. Sonuga until his death. The appellants on obtaining the lette…