GARBA JCA (Delivering the Lead Judgment): The action leading to this appeal was commenced at the court below by one Alhaji Asani Salami, as plaintiff wherein he claimed possession, arrears of rent and mesne profit in respect of the plot of land with appurtenances, at EbuteIlaje, Bariga, Lagos which was said to have been let to the defendant one Philip Farojoye as a yearly tenant. In the course of trial, Alhaji Salami died and was substituted by the present respondent as plaintiff.
Eventually at the end of trial, judgment was entered in favour of the respondent on 29/11/94 granting him possession and other reliefs in respect of the plot of land in question. The defendant, Mr. Philip Farajoye was very dissatisfied with the said judgment and so filed a notice of appeal against it three (3) days later on 2/12/94. Coincidentally, the appellant, Mr. P. Farajoye died on 10/10/04 before the hearing of the appeal and was substituted by the present appellant, Mr. Frederick Farajoye. The orig…