ACCESS BANK PLC V. MR. OLUMIDE ONANUBI & ORS

MUHAMMAD IBRAHIM SIRAJO, J.C.A. (Delivering the Leading Judgment): The 1st-4th Respondents, as Claimants, commenced an action before the High Court of Lagos State by way of Writ of Summons dated and sealed on 1st June, 2007, against the Appellant and the 7th Respondent as Defendants. The 5th and 6th Claimants/Respondents were joined on the application of the 1st Defendant, now Appellant by an order of the lower Court made on 06/03/2009. By their Amended Statement of Claim dated 14/01/2010, the 1st – 4th Respondents claimed the following reliefs:

i. A Declaration that the claimants are the true and rightful owners of the property at No. 9, Adejonwo Street, Mende, Maryland, Lagos by virtue of the last will of their deceased father dated 14th December, 1991 and the probate letter dated 8th of December, 1994.

ii. An Order setting aside purported sale of the property at No. 9, Adejonwo Street, Mende, Maryland to the 2nd Defendant by the 1st Defendant.

iii. A Declaration that the exercise of p…