Facts:

The 1st respondent obtained a loan from Federal Mortgage Bank of Nigeria – the 2nd respondent. The 1st respondent executed a deed of mortgage over property at No. 21 Offa Road, Ilorin. In the deed of mortgage clause 10 confers the power of sale on the bank where (inter alia) notice requiring payment has been served and following one calendar month. The 1st respondent defaulted in the payment of the mortgage loan. The 2nd respondent in writing asked the 1st respondent to redeem the mortgaged property by paying the outstanding sums. There was only 2 days notice given of the public action. However the relevant law – section 19 of the Auctioneers Law Cap. 10 Laws of Northern Nigeria applicable in Kwara State provides:

“No sale by auction of any land shall take place until after at least seven days public notice thereof made at the principal town of the district in which the land is situated and also at the place of the intended sale. The notice shall be made not only by printed or written documents, but also by beat of drum or such other method intelligible to uneducated persons as may be prescribed as the divisional officer of the district where such sale is to take place may direct, and shall state the name and place of residence of the seller.”