MOJEED ADEKUNLE OWOADE, J.C.A. (Delivering the Leading Judgment): This is an Appeal by the Appellant who was the Claimant/Judgment Creditor/Respondent at the lower Court, against the Ruling of Justice E. A. Lufadeju of the Lagos Division of High Court of Lagos State, delivered on the 29th June, 2007 in Suit No. M/125/2005.
The Appellant by an originating summons dated 15th of March, 2005, brought the Respondent before the Court, praying for:
"An order of the Honourable Court granting leave to the claimant to foreclose on the right of the Defendant in respect of the piece of land along Sabo Oniba Ojo Road, Alaba, Lagos Measuring 879.747 Square Metres with its abuttals particularly delineated and verged red in survey Plan No. LU/LA/192/2000 which land is covered by Certificate of Occupancy No. 71/71/2001B which land belonged to the Defendant/Respondent and which land is subject of Mortgage, terms of which the Defendant/Respondent have consistently breached by ignoring to pay both the prin…