Facts:

In an affidavit in support of the Originating Summons, an Administrative Officer of the Appellant averred that by a Tripartite Deed of Legal Mortgage the 2nd Respondent, a company known as Iyemoja Nigeria Limited; and Guaranty Trust Bank Plc, created a legal mortgage over the property at No. 86 Adeola Odeku St, Victoria Island, formerly No. 86 Anifowose Street, Victoria Island as security for credit facilities granted the said company. It was also averred in the said affidavit in support, that the said Bank also granted credit facilities to the 1st Respondent with the consent of the 2nd Respondent which was further secured with the property vide a letter of the 2nd Respondent. It was further averred that as a result of the 1st Respondent’s failure to discharge its repayment obligation to the Bank, the Bank exercised its right of sale of the properly as a result of which the Appellant bought the property, the purchase of which was evidenced by a Deed of Assignment. The Respondents it was averred, have failed to yield up vacant possession of the property to the Appellant. This averment was heavily disputed by the Respondents by their counter-affidavit.

Upon the determination of the parties’ application, the learned trial judge came to the conclusion that the case was not to be resolved by way of affidavit evidence and thus directed that pleadings be filed and served in respect of the matter so that oral evidence would be led at trial.
Dissatisfied by the decision of the trial court, the Appellant appealed to the Court of Appeal.