ABIMBOLA OSARUGUE OBASEKI-ADEJUMO, JCA (Delivering the Leading Judgment):
This is an appeal is against the judgment of Dada J. of the Lagos High Court delivered on 2nd June 2011.
The suit was commenced by a writ of Summons and Amended Statement of Claim dated 18/4/2006 against the Defendants/Respondents claiming the following reliefs:
1. A DECLARATION that the Memorandum of Building/Development Agreement dated 20th day of May, 1981 between the Defendants' Family and the Claimant is illegal, null and void ab initio and of no effect whatsoever, having been entered into based on the fraudulent misrepresentation of facts by 1st and 5th Defendants family members to the claimant and by misrepresentation.
2. AN ORDER SETTING ASIDE the said Memorandum of Building/Development Agreement dated 20th day of May, 1981 purportedly entered into by the Defendants' Family and the claimant.
3. ₦5,000.000.00 (Five Million Naira Only) being general damages suffered by the Claimant as a result of the purport…