OGEBE, JCA.: (Delivering the Lead Judgment) The appellants sued the respondents before the High Court of Owerri, claiming the following reliefs:
“(a) A declaration that the auction sale of the property known as and called plot 324 lkenegbu lay-out, Owerri, subject matter of a deed of mortgage registered as 26/26/406 and in the lawful occupation of the 1st plaintiff by the 2nd and 3rd defendants is null and void being illegal and fraudulent and consequently, the purported right to the said property acquired by the 1st defendant by virtue of the said auction sale is equally null and void and of no effect whatsoever.
(b) An order of court setting aside the deed of assignment dated 10th August, 1989 and registered as 81/81/46 Lands Registry Owerri , made between the 1st and 2nd defendants as being null and void.
N50,000 damages against the 1st defendant for trespassto the property known as and called plot 324 lkenegbu Lay-out in the lawful possession of the 1st plaintiff.
An injunction rest…