NWALI SYLVESTER NGWUTA, J.C.A. (Delivering the Leading Judgment): There were three defendants in the suit but the 2nd and 3rd defendants reported dead were struck off the case. At the instance of the then 1st Defendant the 2nd Defendant as its agent, published in a National daily, the following notice of sale by public auction:
"On the instruction of the Union Bank of Nigeria Headquarters No.40 Marina Lagos to sell by public Auction the mortgagors property at 75 Egerton Street Calabar registered as Number 28 at page 28 in volume 194 of the register of deeds, kept at the Lands registry office at Calabar (CRS) the lease and property of Eniang Effiom Offiong used to secure the indebtedness of Nyamata. Enterprises (Nig) Ltd will at the instance of the unpaid mortgagee the UBA(PLC) be sold by public auction on Tuesday 12th December, 1995 at 0800 hrs. Prompt.
This sale is subject to the approval or disapproval of the mortgagee, payment is strictly by Bank draft at the fall of the Auctionee…