AYOOLA, JSC (Delivering the Leading Judgment): In the High Court of Lagos State, the respondent ('the plaintiff') sued the appellants ("the defendants") claiming as follows:
"(a) A declaration that the Plaintiff is the person entitled to certificate of occupancy dated 26th day of September, 1979 registered as No. 24 at page 24 in volume 1875 of the register of Deeds kept at the Lagos State Land Registry, Lagos, Nigeria.
(b) A declaration that the plaintiff is the person entitled to all that premises known as Plot C Turnbull Road, Ikoyi now, 1 Jabita Close, Ikoyi, Lagos.
(c) A declaration that the agreement dated 28th of November, 1980 between the plaintiff and the 1st Defendant is null and void and not binding on the Plaintiff as the 1st defendant has breached in a fundamental manner the provisions of the said agreement.
(d) Possession of the said premises,
(e) An order of perpetual injunction restraining the Defendants, their agents and or any person whatsoever deriving authority f…