JAURO JCA (Delivering the Lead Judgment): This is an appeal against the ruling of the High Court of Lagos State, Ikeja Judicial Division delivered on 31 March 2009 in suit No. ID/26/09 by Hon. Justice O. A. Ipaye.
The facts giving rise to the ruling now on appeal can be summarized as follows: The respondent as claimant filed suit No. ID/26/09, Alpha Properties International Ltd v. First Motors Ltd , by a writ of summons and statement of claim dated 14 January 2009 claiming for the following reliefs:
i. An order setting aside the consent judgment of the Lagos High Court between the parties herein dated 19 November 2008 relating to the parcel of land comprised in the Certificate of Occupancy registered as No. 52 at page 52 in Volume 1989Aof the land registry Alausa, Ikeja, Lagos known as Plot A, Victoria Island Layout, Ahmadu Bello Way, Victoria Island, Lagos.
ii. An order of perpetual injunction restraining the defendant, its servants, agents; privies, and/or anyone howsoever ac…