ACB LTD & ORS v. IHEKWOABA & ORS- 2003-LD-SC-886

ACB LTD & ORS v. IHEKWOABA & ORS- 2003-LD-SC-886

Supreme Court 20th June, 2003
Justices: Muhammadu Lawal Uwais, C.J.N. (Presided)
Michael Ekundayo Ogundare, J.S.C. (Read the leading judgment)
Uthman Mohammed, J.S.C., Anthony Ikechukwu Iguh, J.S.C., Dahiru Musdapher, J.S.C.
Subject Matter(s):

Undervaluing a property is insufficient to vitiate a sale in absence of fraud or proof of gross undervaluation

Only obligation incumbent on Mortgagee selling under a power of sale is to act in good faith
Giving a wrong date of sale does not render the sale invalid
The title of a purchaser cannot be defeated by an irregularity in an auction sale except there is fraud
Final Order: Appeal Allowed

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