Facts:

The appellant was a customer to 1st respondent’s predecessor, Liberty Bank Plc (in liquidation). Due to the banker-customer relationship that existed between the parties, the appellant obtained certain loan facilities from the bank. A deed of legal mortgage was executed in favour of the facilities granted.

Sometime later the appellant defaulted in repaying the loan facility despite several demands from the bank. Whereupon the 1st respondent exercised its power of sale in the deed of legal mortgage and sold the property used by the appellant as security for the loan obtained. The 1st respondent sold the property to the 2nd respondent. However, the appellant continued to collect rent from tenants (3rd respondent) on the property already sold to the 2nd respondent, and the 1st respondent had to notify the tenants of the change in ownership of the property.

Aggrieved by the appellants’ continuous occupation and collection of rent on the property, the 1st and 2nd respondent filed an action at the lower by way of Originating Summons. In response, the appellant filed its counter-affidavit. The lower court in its final decision gave judgment in favour of the 1st and 2nd respondents.

Dissatisfied by the decision of the lower court, the appellant appealed to the Court of Appeal.