P.O. ADEREMI, J.S.C. (Delivering The Leading Judgment): The present appeal is from the judgment of the Court of Appeal (Lagos Division) in Appeal No. CA/IL/74/2000: Prof. Ajibayo Akinkugbe v. Ewulum Holdings (Nig.) Ltd. and Anor. delivered on the 30th of May 2002. The respondents, who were the plaintiffs before the trial court (the High Court of Lagos State in the Ikeja Judicial Division) had instituted an action against the appellant herein who was then the defendant before that court claiming as follows: -
(1) A declaration that the ejecting of the plaintiffs from the premises No. 53, Talabi Street, Adeniyi Jones Avenue, Ikeja, Lagos state on the 4th day of February 1994 is unlawful, the same having been carried out vi et armis and without lawful authority.
(2) An order directing the defendant to enter into an undertaking as to unlimited damages indemnifying the plaintiffs for all or any expense or loss that they may incur directly or incidental to the loss of the Airline Tickets.
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