TUKUR JCA (Delivering the Lead Judgment): This is an appeal against the ruling of Honourable Justice S. A. Onigbanjo of the Lagos State High Court delivered on 17 February 2005 in suit No. IKD/M/16/03/2005, where in the appellant’s originating summons was struck out. Dissatisfied with the decision, the appellant appealed to this court by filing a notice of appeal dated 18 February 2005, containing six (6) grounds of appeal.
From the grounds of appeal, the appellant distilled two (2) issues for determination:
1. Whether the commencement of the action by originating summons was proper in the circumstances.
2. Whether the evidence proffered by the respondents in the lower court was sufficient to deny the appellant an order for summary possession of the land in dispute.
This appeal was heard solely on the appellant’s brief alone, pursuant to the order of this court made on 1 March 2014. Now a perusal of the issues formulated by the appellant vis-a-vis the ruling of the lower court leaves…