A. O. OBASEKI, JSC (Delivering the Leading Judgment): The Pan Asian African Co. Limited, hereinafter called the appellants, were defendants in suit No LD 322/78 instituted by the National Insurance Corporation (Nigeria) Limited hereinafter called respondents in the High Court of Lagos State holden in Lagos claiming in the terms of the endorsement on the writ of summons:
"(1) Possession of a flat occupied by the defendants, its servants or agents at 17, Raymond Njoku Street, South West, Ikoyi,Lagos.
(2) N9,000.00 mesne profits in respect of the same from 1st January, 1977.
Pleadings were settled, filed and exchanged by the parties and the issues joined went to trial before Oshodi, J. At the conclusion of the trial in which both parties adduced evidence, the learned trial judge delivered a considered judgment in favour of the plaintiff/respondent. On the claim for possession, the learned trial judge said:
"In my view, the defendant has no defence to the plaintiffs' claim for possession.…