G. B. A. COKER, J.S.C. (Delivering the Lead Judgment):
The present appeal is from a ruling of Adefarasin, C.J. (High Court, Lagos) in respect of an application in the proceedings concerned. The plaintiff, now respondent before us, had instituted an action against the defendant, now appellant
"For a declaration that the alleged sale of the house and landed property forming part of No. 22 Moloney Bridge Street, Lagos, entered into between the plaintiff of the one part and the defendant of the other part is void ab initio on the grounds of (a) fraud; (b) illegality; (c) lack of consensus ad idem; (d) undue influence."
There are some claims in the alternative but we do not consider them relevant to this decision. An order for pleadings was duly made and the plaintiff filed her statement of claim. The defendant did not file any statement of defence as ordered but instead moved the court by way of motion
"For an order dismissing the plaintiff's claim herein on the grounds that
(i) It is frivolou…