A. O. EJIWUNMI, JSC (Delivering The Leading judgment): The thrust of this appeal filed against the judgment of the Court of Appeal (Kaduna Division Coram, Ogebe, M. Mohammed and Muhammad, JJCA) was for the purpose of overturning the judgment of that court which had reversed the judgment of the trial court. In that court, the appellant had commenced this action against the respondent for the following claims as per para. 32 of its further amended statement of claim:
"(i) Declaration that the mortgages between the plaintiff and the defendant covering the plaintiff's property situate, lying and being at Taiwo Road, Ilorin are illegal, unlawful, unenforceable and irregular.
(ii) An order setting aside the mortgages.
(iii) Alternatively, declaration that the defendant is not entitled to sell any property of the plaintiff without complying with the Land Use Act and Auctioneers Law applicable to Kwara State.
(iv) Declaration that the defendant is only entitled to charge on the plaintiff's …