ADEMOLA, J.C.A. (Delivering the Lead Judgment): The question for determination in this appeal is whether the auction notice dated the 28th February, 1984, by an auctioneer appointed by the respondent to carry out the sale of appellant's house was in compliance with Section 19(1) of Sales by Auction Law Cap. 126 of Lagos State 1973 purporting to sell the house of the appellant on the 29th of February, 1984.
The fact that led to the appeal are in no way in dispute. Appellant became indebted to the respondent for an amount of N65,696.25 which was secured by a mortgage registered as No. 42 at page 42 in Volume 1697 at the Land Registry in Lagos for freehold property with buildings on it at NO. 31 BOLAJI OMUKO STREET, SOMOLU, LAGOS. There was an order of the court for the sale of the property made on the 29th day of June, 1982. It appeared that thereafter, appellant took steps to arrest a sale which was to have taken place in December 1982 by an application asking the court to stop the sale…