Facts:

The bank as plaintiff sued a customer under a loan agreement. In the trial court the plaintiff had sought by writ the payment of the total debt of the sum of N844,207. 06k specific performance in respect of the property used to secure the loan and interest at the rate of 15% until judgment and 10% thereafter. The plaintiff now the respondent on appeal then applied for Summary Judgment under Orders 10 and 11, Rules 1 and 2 of the High Court of Lagos State Civil Procedure Rules of 1972 and under the inherent jurisdiction of the honorable court. The appellant herein, who was the defendant an Affidavit Showing Cause. The hearing suffered several delays;

On the 9th of July 1996, the case had already been transferred from the Court of Martins J. to the Court of Kekere-Ekun J. and adjourned to 13th day of January 1997 for mention.