HELEN M. OGUNWUMIJU, JCA (DELIVERING THE LEADING JUDGMENT): This is an appeal against the ruling of the High Court of Lagos State delivered by Hon. Justice E.O. Williams Dawodu on 29th January 2007. The stark facts which led to this appeal are that the Appellants herein were the Defendants at the lower court against whom the Respondent sued for possession due to failure of performance.
The Lagos High Court delivered judgment on 21st February 2005 granting reliefs (a), (b), (c) and (g) of the Claimant's reliefs. Both the Defendants appealed and filed separate notices of appeal. They have been heard on appeal as CA/L/172/08 and CA/L/172A/08 respectively, They however entered joint notice of appeal against the ruling and the appeal has been entered as CA/L/172B/08 on 29th June 2006, the Lagos High Court, after hearing two separate applications for stay of execution by each of the Appellants, granted unconditional stay of execution with regards to the possession and injunctive reliefs gra…