AUGIE JCA (Delivering the Lead Judgment): This is the main appeal against the final decision of the Lagos State High Court in suit No. LD/ 537/2009, wherein the respondents claimed as follows:
A declaration that the claimants are the persons entitled to the ownership of the land and building lying and being at No. 29, Makinde Road, off Ojuelegba, Surulere Lagos (now known as 33, Western Avenue, Surulere, Lagos State).
(ii) An order for possession of the property situate, lying and being at No. 29, Makinde Road, off Ojuelegba, Surulere Lagos (now known as 33, Western Avenue, Surulere, Lagos
State), which were let to the defendant deceased husband under a monthly tenancy, which was duly determined by a notice to quit dated 28 July 2008. N3,260,000.00 (three million, two hundred and sixty thousand naira) being arrears of rent for 163 months covering the period of 1 February 1995 to 31 August 2008 at the rate of N20,000.00 (twenty thousand naira) per month. Mesne profit at the rate of N2…