The respondent mortgagor sued the applicant who was in the
process of selling her property to realize the security. The
respondent had mortgaged property to Gold Trust Bank Ltd which
was later sold to the applicant, they respondent agreed that a third
party, (i.e. A.V. Enterprises) would, obtain a loan from Gold Trust
Bank Ltd . After executing the mortgage and depositing her title to
the suit property with Gold Trust bank. The learned trial judge found
in favour of respondent. The applicant was aggrieved by the court's
decision and lodged a Notice of Appeal and filed an application for
stay of execution which was dismissed hence the appeal.