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ESO, J.S.C. (Delivering the Leading Judgment): This case has a chequered history. But as only a few of the facts thereof are germane to the points to which the appeal before this court has resolved itself, I will not bother with setting out all the facts of the case, but will be content with such of the facts as are necessary for the purpose of bringing out the points in the appeal which are material to the issues discussed in the judgment.
The case itself was filed in the High Court of Lagos State on 15th October, 1960 and after all the preliminaries which included filing and settling of pleadings and substitution of parties for those that died during the pendency of the case, hearing was fixed before Kester, J. (as he then was) for 18th November, 1964. Kester, J. took some evidence in the case.
After this, the pleadings were amended and again hearing was adjourned till 10th June 1966. But the case did not come up until 8th March 1968 when it was mentioned de novo before Beckley, J. …