Facts:

In September 1996, the appellant took a loan of N600,000.00 (six hundred thousand naira) from the 1st respondent and this was communicated by the respondent to the appellant by a letter of offer wherein it was stated that the loan would be repayable within 12 months at 3% per annum. The loan was subsequently secured by a duly executed deed of legal mortgage wherein it was stated that the interest payable on the loan would be 21% per annum and after this deed had been duly executed, the said loan was paid into the appellant’s account with the respondent

Although the appellant had not repaid the loan within twelve months, he was able to repay the total sum of N826,476.00, which covered both the principal sum and the interest. The 1st respondent however was not satisfied with the manner of payment and thus, subsequently instructed the 2nd respondent to advertise the appellant’s property for sale by auction as stated in the deed of legal mortgage. As a result of this, the appellant instituted an action before the High Court of Kwara State for an injunction restraining the respondent and their agent from auctioning his property and an order that the respondent refund to him the over payment of the sum of N179,805.00 (one hundred and seventy-nine thousand, eight hundred and five naira). At the trial, he contended that, he had in fact made an over payment of the sum of N179,805.00 (one hundred and seventy-nine thousand, eight hundred and five naira) to the 1st respondent and that, as at