HUSSEIN MUKHTAR, J.C.A (Delivered the Leading Judgment): The appellant who was the claimant in the court below sought for and obtained an order for recovery of possession of a piece of land situate at Ogombo town opposite Asoko village in Eti-Osa Local Government Area of Lagos State (hereinafter referred to as "the land").
The suit filed by the claimant was initiated by an originating summons against ''unknown persons," After satisfying the lower court that the unknown persons had been duly served with the initiating and other relevant court processes, the court indulged the appellant's counsel to argue the case for the claimants in default of the defendants' appearance, after which it adjourned the matter for judgment. On the 9th May 2003 the lower court (Coram Candide-Johnson, J) delivered its judgment wherein it gave possession of the land to the appellant, and the judgment was executed about a month thereafter by giving possession of the land to the claimant/appellant (hereinafter…