DIAMOND BANK PLC V. PROFESSOR N. O. HOLLIST & 4 ORS.

OBASEKI- ADEJUMO, JCA (Delivering the Leading Judgment): The 1st and 2nd respondents as claimants at the lower court in suit No. M/606/2011 filed an originating summons dated 27 June 2011 and filed on 4 July 2011 against the appellant as 2nd defendant, 3rd respondent as 1st defendant, as well as the 4th and 5th respondents as 3rd and 4th defendants respectively, wherein the claimants sought for the determination of the following questions:

1. Whether by virtue of the breach of covenant contained in the head lease dated 1 October 1959, that is, clauses 2(1), 3 and 6(b), by the 1st defendant, an order of forfeiture ought not to be granted against the 1st defendant?

2. If the answer to (1) above is in the affirmative, then has the 1st defendant any residue of the lease or interest in the property to assign to the 2nd defendant herein?

3. Whether by reason of paragraphs (1) and (2) above, the purported assignment of the property to the 2nd defendant ought not to be declared null and void?

Upon servi…