MRS. GRACE AYODELE TABIOWO V. REVEREND MICHAEL DISU & ANOR.

GALINJE, J.C.A. (Delivering the Leading Judgment): By a writ of summons dated 10th day of July, 1997, and a statement of claim dated 22nd September, 2007, the respondents herein instituted an action against the appellant at the Lagos State High Court whereby they claimed among others, a declaration of statutory right of occupancy of the plot of land known as No. 10 Araromi Street, Somolu. The appellant through an application dated the 8th day of November, 1999 challenged the locus standi of the respondents to institute the action aforesaid on the ground that the condition precedent to the commencement of the action has not been complied with. This application was heard and in a considered ruling dated 18th day of January, 2002, the trial Judge dismissed the appellant's application.

Being dissatisfied and aggrieved with the ruling of the lower court, the appellant lodged this appeal against the said ruling by a notice of appeal dated and filed on the 31st January, 2002. This notice co…