OKORO JSC (Delivering the Lead Judgment): This is an appeal against the judgment of the Court of Appeal, sitting in Lagos, delivered on 17 November 2007, wherein the court dismissed the appellant’s appeal , primarily on the ground that the respondent herein as plaintiff in the High Court of Lagos State, had locus standi to institute the action to enforce a contractual provision in a deed of sublease between the appellant and Mandilas Group Limited. A synopsis of the facts leading to this appeal will suffice. Sometimes in 1995, the service of the respondent as a firm of solicitors, were retained by the Mandilas Group Limited for the preparation and engrossment of a deed of sublease between the Mandilas Group Limited and Rebold Industries Limited (being the appellant herein). The sublease was in respect of the property known and situate at 7A Creek Road, Apapa, Lagos.
It was a term of the agreement that the appellant would be responsible for the legal fees incurred in preparing the d…