Facts:

Facts:
The respondent is a donee of power of attorney donated by Professor Oluwatope
Mabogunje and Professor Christiana Oluremi Adesanya. In 1992, the donors of
the power of attorney purchased a portion of land from one late Brigadier General
Sunday Ajibade Adenihun (Rtd) situate at No 5 Fashola Street, Idi-roko Village,
Maryland, off Ikorodu Road Lagos. The donors were given immediate possession
of the property after a deed of assignment was executed by the parties. The
property was initially known as Plot 15 Madam Fashola Layout, before it was
acquired by the late Brigadier General Sunday Ajibade Adenihun (Rtd) in 1975 by
a deed of conveyance. The late Brigadier General Sunday Ajibade Adenihun (Rtd)
developed the property into two detached houses which were later renumbered as
Nos. 4 and 5, Fashola Street, Idi-Iroko Village, off Ikorodu Road, Lagos. It was the
latter that was sold to Professor Oluwatope Mabogunje and Professor Christiana
Oluremi Adesanya who did not perfect their title but rather processed a Certificate
of Occupancy through Lagos State Government with a 1977 backdated receipt
obtained from late Brigadier General Sunday Ajibade Adenihun (Rtd).
The appellant granted a facility to the late Brigadier General Sunday Ajibade
Adenihun (Rtd). The facility was secured with his property at No. 4 Fashola Street,
Idi-Iroko Village, Maryland, off Ikorodu Road, Lagos. The deed of legal motgage
specifically mentioned the property used as security as No. 4 Fashola Street, Idi
Iroko Village, Maryland, off Ikorodu Road, Lagos but was described in the schedule
by its former address of No 15, Fashola Layout, Idi-Iroko Village, Lagos. The late
Brigadier General Sunday Ajibade Adenihun (Rtd) defaulted in repayment of the
loan and the appellant swiftly moved in to exercise its right of sale of the property.
The auction of the property was advertised as No 15, Fashola Layout, Maryland,
Idi-Iroko Village, Lagos consisting of a storey building plus boys quarters. The
proceeds of the sale were insufficient to liquidate the debt and the appellant made
efforts to also sell the property known as No 5 Fashola Street, Idi-roko Village, Maryland, off Ikorodu Road Lagos belonging to Professor Oluwatope Mabogunje
and Professor Christiana Oluremi Adesanya. Aggrieved, Professor Oluwatope
Mabogunje and Professor Christiana Oluremi Adesanya through their attorney,
instituted an action against the appellant at the High Court of Lagos State. At the
conclusion of trial, judgment was delivered in favour of Professor Oluwatope
Mabogunje and Professor Christiana Oluremi Adesanya as the true owners of the
said property known as No 5 Fashola Street, Idi-roko Village, Maryland, off Ikorodu
Road Lagos.
Feeling dissatisfied with the judgment of the Lagos State High Court, the appellant
filed a notice of Appeal at the Court of Appeal, Lagos Division. One of the issues
raised for determination was whether the learned trial judge was right in holding
that late Brigadier General Sunday Ajibade Adenihun (Rtd) having divested his title
to the property known as No 5 Fashola Street, Idi-roko Village, Maryland, off
Ikorodu Road Lagos to Professor Oluwatope Mabogunje and Professor Christiana
Oluremi Adesanya had no legal or equitable interest in the property to mortgage to
the appellant. The respondent however, raised a preliminary objection challenging
the validity of some of the grounds of appeal and the issues distilled therefrom.