AKINTAN, J.S.C. (Delivering the Leading Judgment) The appellants, as plaintiffs, instituted this action in the Lagos Judicial Division of the High Court of Lagos State as suit No. L/2112/89 against the present 1st respondent as defendant. The present 2nd respondent was joined as an interested party when the case was on appeal at the court below. The plaintiffs' claim arose over a dispute between the plaintiffs and the 1st respondent bank. It was over a purported sale of the 2nd appellant's house at 52 Norman Williams Street, South West Ikoyi, Lagos which was mortgaged to the 1st respondent as security for over-draft facilities granted by the bank to the 1st appellant but guaranteed by the 2nd appellant.
The 1st respondent contended that the house was sold when it exercised its power of sale under a deed of mortgage. The appellants disagreed that there was in fact any sale or if there was one, it was made in breach of the terms of the deed of mortgage. The plaintiffs therefore filed t…