HUSSEIN MUKHTAR, JCA (Delivering the Leading Judgment): The two appeals herein number CA/L/375/2010 and number CA/L/375A/2010 (hereinafter referred to as "appeal 1" and "appeal 2" respectively) emanate from the same proceedings between the same parties following and against each of the two respective rulings delivered by the High Court of Lagos State on the 14th December 2009 and 15th March 2010.
The appeal 1 as stated above is against the ruling of the High Court of Lagos State (the court below) delivered by Oke, J on the 14th December 2009. The 1st appellant is a beneficiary of a large expanse of land in Victoria Island Lagos on part of which the Nigerian Law School and the Secretariat of the Nigerian Bar Association were built, while the remaining portion of the land is virgin. In 2008 the 1st and 2nd appellants sublet part of the undeveloped portion of the land to the 3rd appellant by an agreement dated 21st April 2008 for a period of 50 years to develop a 24 storey office buildi…