YARGATA BYENCHIT NIMPAR, JCA (Delivering the Leading Judgment): This judgment is in respect of an appeal from the ruling of the Lagos State High Court delivered on 5/12/07 by HON, JUSTICE LUFADEJU in Suit No. LD/913/02 wherein the preliminary objection of the Appellant challenging the locus standi of the Respondent was dismissed. Dissatisfied with the said ruling, the Appellant filed a Notice of appeal dated 15th day of July, 2009 and filed on the 17th July, 2009 setting out 6 grounds of appeal.
The brief facts are that the Respondent instituted an action before the Lagos State High Court seeking the following reliefs:
i. An order of perpetual injunction restraining the defendant either by themselves, agents, privies and however from continuing occupation and obstructing of the plaintiff's parking space in front No. 27 Sanusi Fafunwa Street, Victoria Island Lagos and across the street i.e opposite Murphis Plaza.
ii. An order of perpetual injunction restraining the defendant either by the…