IBRAHIM MOHAMMED MUSA SAULAWA, J.C.A. (Delivering the Leading Judgment): The instant appeal is against the ruling of the Lagos State High Court of Justice delivered on May 7, 2007 in suit No. LD/192/94 by the Hon. Justice O.A. Taiwo. By the said ruling, the lower court dismissed the Appellants' application, dated January, 2007 seeking to dismiss the Respondents' suit No. LD/192/94, for being an abuse of court process.
FACTS AND CIRCUMSTANCES SORROUNDING THE APPEAL:
On January 13, 1994 the Respondents filed a writ of summons, dated 12/01/94, seeking two declaratory reliefs against the Appellants.
However, by the further amended statement of claim thereof, filed on 13/6/05, the Respondents sought the following reliefs against the Appellants:
1. A declaration that the Claimants' are entitled to the exclusive use of their kitchen and toilet facilities situate within the property known as No. 7, Apatira Street Lagos; and the toilet facilities is the joint property of both the Claimants' a…