S. M. A. BELGORE, J.S.C. (Delivering the Leading Judgment): The appellant, Federal Housing Authority let in the respondent into one of the houses erected by them at FESTAC Town. Lagos by virtue of Mortgage Lease Agreement entered into by the two. The agreement was entered into in 1977 but the respondent was let into possession of the flat physically in February, 1982. He was in possession for forty-seven months before dispute arose between them. It appeared the respondent was several months in arrears of his mortgage payment. However, after notice was served on the respondent that the appellant would take possession, the respondent rushed and made part payment of the arrears allegedly due. He was left in possession. Sooner, though another arrears built up and he was finally notified that the appellants would take possession. The respondent rushed to Court asking for the following:
(i) that the respondent was still the mortgagor/lessee of the said premises;
(ii) that the appellants cou…