AHMED BANKOLE OLANIRAN V. LAWRENCE O. ADEBAYO

DONGBAN-MENSEM JCA (Delivering the Lead Judgment): Hon. Justice Adefope-Okojie J of the High Court of Lagos State holden at the Ikeja Division of Lagos dismissed in part, the plaintiff/appellant/cross-respondent’s main claim and wholly, the counter-claim of the defendant/respondent/cross-appellant. The judgment was pronounced on the 12th day of March, 2002.

Both parties are dissatisfied and have come before this court seeking one relief or the other. The plaintiff and defendant shall respectively be referred to as the appellant/cross-respondent (ACR) and respondent/cross-appellant. (RCA) i.e. (as ACR and RCA respectively for short form).

The subject of controversy is a flat known as Flat 6, Block 430, Mile 2 Estate, Amuwo Odofin, Lagos State. The Lagos Building Investment Company Limited had under a sub-lease, allotted the said flat to the respondent/cross-appellant (RCA). It was some form of a mortgage and the payment was on-going until1994 whenthe payment was completed.

The RCA to…