EJIWUNMI, J.S.C. (Delivering the Leading Judgment): This appeal is against the judgment of the Lagos Division of the Court of Appeal. The action was commenced by B.O. Olaiya as the plaintiff. But after his death, this court ordered that the appeal be continued by the substitution of his wife, Mrs. B.O. Olaiya in place of her deceased husband.
The events that culminated in this appeal commenced when the late B.O. Olaiya instituted proceedings by a writ of summons against the appellant to take possession of the whole dwelling house situate at No. 38 Oba Akran Avenue, Ikeja. This was followed by a statement of claim. Upon the receipt of these documents, the appellant then filed a counterclaim. And with the leave of court the appellant amended the original writ of summons and statement of claim. The appellant also with leave of court amended his pleadings. The case was eventually tried on the basis of the amended writ of summons and pleadings, which were amended and further amended by the…