FREDERICK O. OHO, J.C.A. (Delivering the Leading Judgment): This is a relatively short case in respect of which only the PW1 testified, tendered a number of documentary Exhibits and was hardly Cross-Examined before the Defendant was foreclosed by the Lower Court and yet has raised a number of important issues in this Appeal. The main of these issues is the question of Fair-Hearing and the propriety of issuing Hearing Notices to parties alerting them of the cases pending against them before orders and judgments are delivered. There is also the issue of the Mortgagee's power of sale; whether same can be vitiated if tainted by fraud or collusion. The issues of award of damages by the Lower Court, when fraud is alleged to have been proved in a Mortgage transaction also featured in this Appeal.
The Plaintiff, a limited liability company and customer of the Defendant at its Ikot-Ekpene Road Branch, Aba, Abia State in 1983 was a beneficiary of an overdraft facility to the tune of N200,000.0…