SIDI DAUDA BAGE, J.C.A. (Delivering The Leading Judgment): The Appellant commenced its action before the trial High Court on May 19, 2005 to recover the property situate at No.54, Ladipo Labinjo Crescent, Surulere, Lagos and filed its originating frontloaded processes in that regard seeking, inter alia, possession of same and mesne profit.
The Respondent as Defendant responded on August 3, 2005 by filing her frontloaded Defence. She later filed an Amended statement of Defence dated February 3, 2006 with a counter-claim. The Respondent further brought an application to amend her Defence and counter-claim and did file a Second Amended Statement of Defence and counter-claim dated May 17, 2007 pursuant to the order of the High Court.
In the said second Amended counter-claim, the Respondent claimed property that the situate and lying at No. 54, Ladipo Labinjo Crescent, Surulere, Lagos is a matrimonial home of the counter-claimant and the 2nd Defendant to the counter-claim in the suit.