OGEBE, JCA (Delivering the Lead Judgment): The 1st respondent sued the appellants and the 2nd respondent before the High Court of Justice,
Port Harcourt seeking the following declarations:
“(i) A declaration that the sale by public auction of the plaintiff’s property known as 25, Aggrey Road, Port Harcourt within the pendency of Suit No. PHC/510/87 challenging same is null and void and of no effect whatsoever.
(ii) An injunction restraining the 1st defendant from parting with the said property and its documents to the 3rd defendant. (iii) An injunction restraining the 3rd defendant from acting as owner thereof or purporting to act as owner thereof or taking possession of the said property.”
The parties exchanged pleadings and the matter went for trial before Odili, J. The respondent testified to the effect that she took credit facilities from the 1st appellant and mortgaged her property No. 25, Aggrey Road,
Port Harcourt to the 1st appellant. When the 1st appellant wanted to exercise its…