CORAM
UMARU KALGO, JUSTICE, SUPREME COURT
JAMES OGENYI OGEBE, JSC, JUSTICE, SUPREME COURT(Lead Judgment)
MUHAMMAD SAIFULLA MUNTAKA COOMASSIE, JSC JUSTICE, SUPREME COURT.
U. A. KALGO JUSTICE, SUPREME COURT
PARTIES
ALHAJA K.F IBIYEYE APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The 1st Respondent executed a deed of mortgage as collateral for a loan obtained from the 2nd Respondent. Following the 1st Respondent’s inability to redeem the mortgaged property, the 2nd Respondent instructed the 3rd respondent to sell the mortgaged property. The property was on 30/3/92 sold to the appellant following a printed auction notice.
HELD
The Court held that the effect of non-compliace with the seven days notice required by the Auctioneers Law did not render such sale null and void by virture of S. 123 of the Law of Property Edict, Kwara State. The Remedy lies in damages against the mortgagor. ?
ISSUES
Whether the Auctioneers’ Law of Kwara State applies to the transaction concerned and if it appliesWhether non-compliance with Section 19 of that law renders the auction sale void.
RATIONES DECIDENDI
CASES CITED
1. Okwonkwo V. C.C.B. (Nig.) Plc (2003) 8 NWLR (Pt. 822)347 at pp. 388-3892. Okonkwo V. Cooperative & Commerce Bank (Nig.) Plc (2003) 8 NWLR (pt. 822) 347 3. A.C B. Ltd V. Ihekwoaba (2003) 16 NWLR (pt. 846) 249?
STATUTES REFERRED TO
1. The Auctioneers Law Cap. 10 Laws of Northern Nigeria2. The Law of Property Edict Cap. 128, Laws of Kwara State