ADAMU
V.
LEEDO PRESIDENTIAL MOTEL LTD & ANOR
HABEEB ADEWALE OLUMUYIWA ABIRU, J.C.A. (Delivering the Leading Judgment): This appeal is against the judgment of the Kano State High Court in Suit No K/450/1998 delivered by Honorable Justice P. A. Mahmoud on the 3th of March, 2004. This case is an off-shoot of another case with a chequered history. The Respondent was the owner of premises consisting of land and buildings situate at Plot 472, Hassan Katsina Street, Hotoro GRA, Kano. The Respondent borrowed money from the Third Party and it created an equitable mortgage over the said land and buildings in favour of the Third Party as security for the loan. The Respondent defaulted in repaying the loan and whereupon the Third Party commenced an action and obtained Judgment for the indebtedness against the Respondent. The Third Party thereafter filed a motion ex parte in the High Court of Kano State for the attachment and sale of the immovable property of the Respondent, i.e. the said land and buildings, in satisfaction of the judgment d…