MRS. FLORENCE OMOTAYO LABODE V. DR.GODFREY OTUBU & CUTAVON (NIGERIA) LTD.

UWAIS, CJN (Delivering the Leading Judgment): This is an interlocutory appeal from the decision of the Court of Appeal, Lagos Division. The appellant was the plaintiff in a suit brought in the High Court of Lagos State, sitting in Lagos; while the respondents were the defendants. The plaintiff's claim in the suit was for:

(a) An Order directing the defendants to surrender to the plaintiff forthwith the Original Land Certificate Title No. MO 9143 registered at the Lands Registry, Lagos and covering property lying, being and situate at No.6, Calabar Street, Surulere, Lagos.

(b) N100,000.00 being general damages against the defendants jointly and severally for the wrongful refusal to release to the plaintiff the said Land Certificate Title No. M09 413 ".

The writ of summons which was taken out on the 28th day of September, 1988 was accompanied with the statement of claim. A motion ex-parte was brought jointly, on the 21st day of December, 1988, by the defendants under Order 13 rule 2 of …