TIJJANI ABUBAKAR, J.C.A. (Delivering the Leading Judgment): This appeal is against the Judgment of the High Court of Lagos State sitting in the Ikeja Division delivered on the 27th day of January, 2014 by Lawal-Akapo J. in suit No: LD/1981/2011.
The 1st and 2nd Respondents in this appeal as Claimants at the Court below initiated this suit against the Appellant and two other Defendants by writ of Summons filed on the 2nd day of November, 2011 found at pages 1- 18 of the Records of Appeal. The Respondents on the same day also filed a Motion on Notice found at pages 19 - 34 of the Records of Appeal praying the lower Court for an order entering Summary Judgment against the Appellant(as Defendant).
The Appellant as Defendant therefore filed a Counter-Affidavit and a written Address in opposition to the Motion for summary judgment as contained at pages 102 - 120 of the Records of Appeal as well as a Statement of Defense to the substantive Suit found at pages 74-101 of the Records of Appeal. T…