PAUL A. GALINJE, JCA (DELIVERING THE LEADING JUDGMENT): This is an appeal against the decision of Dada J. of the Lagos State High Court which was delivered on the 25th day of October, 2006. By a specially endorsed writ of summons dated and filed on the 14th of October, 2003 and a statement of claim of even date, the Respondent who was the claimant at the lower court claimed the following reliefs:-
"1. The sum of ₦5,567,224.33 (Five Million, Five Hundred and Sixty-seven Thousand Two Hundred and Twenty-four Naira and Thirty-three Kobo Only), being outstanding balance as at 30th June, 2003 comprising both the principal and accrued interest of the Mortgage Loan granted to the Defendant.
2. Interest on the said sum at the rate of 21% per annum from 1st July, 2003 until final liquidation of the indebtedness.
3. A declaration that the Plaintiff is entitled to immediate possession and or right of sale of the property known and situate at No.11 Adewale Adedeji Street, Ilamose Estate, Ejigbo, …