HELEN MORONKEJI OGUNWUMIJU, JSC (Delivering the Leading Judgement): This is an appeal against the judgment of the Court of Appeal, Lagos Division delivered on 28th February, 2017 setting aside the Ruling of the High Court of Lagos State delivered by Adefope-Okojie J. on the 26th of February, 2013 in Suit No. ID/1331/1993.
The Appellant (now Respondent) at the Court below had appealed against the Ruling of the Lagos State High Court wherein the Court below dismissed an application to set aside the execution levied pursuant to a judgment delivered on 22/5/1998 in default of appearance in favour of the present Appellants.
The facts that led to this appeal are as follows:
The facts of this case are that the Appellants as Plaintiffs at the trial Court took out a writ of summons against one Alhaja Aduke Salami who turned out to be a non-existent person, seeking the following reliefs:
a. A declaration that the Plaintiffs are the lawful owners all that piece or parcel of land situate at Plot 0…