MONICA BOLNA'AN DONGBAN-MENSEM, J.C.A., JP+ (Delivering the Leading Judgment): This appeal is against the Ruling of the Hon. Justice O.H. Oshodi (J) of the Lagos State High Court holden at Ikeja. The ruling which was pronounced on the 1st day of March 2005 dismissed the motion ex-parte of the Appellant which was filed on the 16th June 2004. Although filed ex-parte, the Respondent was eventually put on notice and issues were joined and keenly contested between the parties.
The Appellant sought an order for the leave of the High Court to levy execution of the judgment of this court against which an appeal had been entered in the Supreme Court.
The brief facts which culminated in this appeal commenced with the suit of the Appellant filed as suit ID/2460/94. On the 11th April 1997, the Hon. Justice C.A. Olorunnimbe (J) pronounced Judgment in favour of the Respondent granting an order of specific performance of the contract of sale of the landed property of the Appellant.
The said landed p…