<p><strong> ONNOGHEN, JCA (Delivering the Lead Judgment): </strong> This is an appeal against the ruling of the High Court of Ekiti State, sitting at Ado Ekiti and delivered by Aladejana, J, on the 28th day of April 2003 in which he refused the application of the appellant for leave to issue execution against the immovable property of the respondent, one of the guarantors of the principal judgment debtor in suit No. ID/2629/98: <em> Mucas Hospital Ltd. v. Jonathan </em> <em> A. Fasuyi </em> . The facts of the case include the following. The appellant instituted suit No. ID/2629/98 at the Lagos State High Court Ikeja on the 26th day of November 1998 against one Jonathan Ayowunmi Fasuyi, a son of the respondent, for thesum of N1,967,617.00 allegedlyconverted by the defendant therein together with interest at the rate of 21%. By consent judgment entered on 22/2/99, an abstract of which is contained in the certificate of judgment in this proceeding, it was ordered as follows: “It is hereby ordered that judgment be and is here…</p>