ONNOGHEN, J.C.A. (Delivering the Leading Judgment): The facts of the case are that the Respondent is a Customer of the 1st Appellant allegedly operating a Personal Account No. 3161255768. On the 30/10/91 the 2nd Appellant on the instruction of the 1st Appellant advertised the Respondent's personal building situate at No. 8, Offa Road, G.R.A., Ilorin for sale by auction by virtue of mortgage deeds dated 23/9/77 and 25/8/82 which the Respondent allegedly executed in respect of his indebtedness to the 1st Appellant.
The Respondent however contends that the 1st Appellant cannot sell his mortgaged property since he is not indebted to the 1st Appellant on account of his personal account No. 3161255768 which was not in debit as shown in Exhibit 5.
The 1st Appellant on the other hand contends that the Respondent at all times material to the case maintained two different personal accounts with numbers 3162290192 and 3162290206 under which he had enjoyed banking facilities from the 1st Appell…