TIJJANI ABUBAKAR, J.C.A. (Delivering the Leading Judgment): This appeal emanates from the Judgment of the High Court of Lagos State Badagry Judicial Division delivered on the 26th day of April 2012, by OSHODI J, in Suit No.LD/2024/2002.
At the Court below, the 1st to 3rd Respondents in this appeal as claimants, commenced action by writ of summons and statement of claim against the Appellant, the 4th and 5th Respondents. The Appellant filed defense and counter claim. The 1st-3rd Claimants did not file any defense to the counter claim. Trial commenced on the 12th day of April 2010. Judgment was delivered on the 26th day of April 2012 against the Appellant. Appellant became aggrieved by the decision and therefore filed Notice of appeal, the Notice of Appeal was eventually amended on the 30th day of May 2017, the Notice of Appeal contains five grounds of appeal.
The Appellant through learned counsel Sylvester Ijie filed amended Appellant's brief and reply on the 30th day of May 2017. The 1s…