Facts:

The appellant who was the plaintiff in the trial court is a customer of the 1st respondent, Afribank at its Ilorin main branch where she operates an account. Sometime in July, 1996 the appellant applied for and was granted an overdraft of N1 Million for which she mortgaged her property situate at Fogo Olorunhan Street, Ilorin, covered by a Customary Right of Occupancy to the 1st respondent. The facility was later increased to N2 Million.

Sometime in the middle of 1998, the outstanding debit balance on the appellant’s account was so high that the 1st respondent informed the appellant of its intention to foreclose the mortgage. The appellant however pleaded with the 1st respondent for more time to pay the debt which request was granted. Another promise by the appellant for the 2nd time to pay the debt did not materialize. The 1st respondent then instructed the 2nd respondent to carry out a public auction of the property. The 2nd respondent, a licensed auctioneer made auction posters advertising the property for sale and pasted same in several places in Ilorin.