ADEREMI, J.C.A. (Delivering the Leading Judgment): By the amended statement of claim, the appellant who was the plaintiff in the court below, High Court of Lagos sitting at Ikeja, claimed against the respondent who was the defendant before that court as follows:-
(i) An order of specific performance of the lease agreement dated 12th December, 1991.
(ii) An order of court directing the defendant to:
(a) appoint a reputable firm of Estate Surveyors and Valuers to carry out a rental valuation of the Estate,
(b) take adequate insurance cover on the Estate against fire and windstorm,
(c) to remove the Manager's residence that was erected without the plaintiff's consent first had and obtained,
(d) to obtain town planning permission in respect of the boys quarters erected on the estate,
(e) to re-erect the collapsed concrete rear wall fence,
(f) to hand over to the plaintiff the receipt of payment of the mandatory withholding tax on rents paid for the years 1991 to 1998.
ALTERNATIVELY, the p…