ALHAJI MUSIBAU MAJOLAGBE & ANOR V. MADAM ASHAKE PEREIRA & ORS

SIDI DAUDA BAGE, J.C.A. (Delivering the Leading Judgment): This is an Appeal against the judgment of the Lagos High Court, Hon. Justice A. J. Coker, delivered on the 17th of October, 2008. The Respondents herein (then Claimants) filed a Writ of Summons dated the 24th day of September, 2003 at the High Court of Lagos State, Lagos Division (hereinafter referred to as THE LOWER COURT), against the Appellant's (then Defendants).

Upon being caught up by the High Court of Lagos State (Civil Procedure) Rules 2004, the Respondents (then claimants) complied by filing their Statement of Claim dated the 24th day of May, 2004 and other processes wherein they claimed the following reliefs against the Appellants (then Defendants) as follows:

(a) Rents of 5 rooms due from the 1st Floor of the building at 71B, Docemo Street, Lagos at the rate of N50,000.00 per year from 1st January, 2004 to 31st December, 2005.

(b) Possession of the 3 storey building at No.71B, Docemo Street, Lagos at the expiration …