Facts:

The claimant, Mr. Ashcroft instituted an action in the Lagos High court to set aside the sale of his property in Bariga, Lagos by his bankers Societe General Bank. The property had been mortgaged to secure a loan facility granted to him by the bank. The bank’s terms were contained in a letter 6th of June 1985 the claimant replied in which he sought to vary the terms or counter offer new terms but never received a response. A Deed of Legal Mortgage was executed, although, according to him, he was “never informed of the fact that the Deed of Legal Mortgage was to replace the 1st defendant‘s letter in which they stated their terms and conditions. The claimant failed to repay the monthly installments as and when due whereupon a demand was made and thereafter a notice of public auction advertised. The Bank now 1st defendant engaged the services of the 2nd defendant as auctioneer and on the property was sold to the 3rd defendant at a public auction on the property.