Section 128 Property and Conveyancing Law of the Western Region of Nigeria 1959

Section 128 of the Property and Conveyancing Law of the Western Region of Nigeria 1959 is about Provisions as to exercise of power of sale. It provides as follows:

(1) The power of sale conferred by this Law, may be exercised by any person
for the time being entitled to receive and give a discharge for the mortgage money.

(2) The power of sale conferred by this Law does not affect the right of foreclosure.

(3) The mortgagee shall not be answerable for any involuntary loss happening in or about the exercise or execution of the power of sale conferred by this Law, or of any trust connected therewith, or, where the mortgage is executed after the
commencement of this Law, of any power or provision contained in the mortgage
deed.

(4) At any time after the power of sale conferred by this Law has become
exercisable, the person entitled to exercise the power may demand and recover from any person, other than a person having in the mortgaged property an estate, interest, or right in priority to the mortgage, all the deeds and documents relating to the property, or to the title thereto, which a purchaser under the power of sale would be entitled to demand and recover from him.