JOHN INYANG OKORO, J.S.C. (Delivering the Leading Judgment): This appeal is against the judgment of the Court of Appeal, holden at Lagos, delivered on 14th June, 2005 in Appeal No. CA/L/71/1998 wherein the Court below dismissed the appeal of the Appellant and upheld the judgment of the trial Court in favour of the Respondent.
The facts of the case which has now given rise to this appeal in summary are that the original plaintiffs (now deceased) being the two surviving administratrixes of the estate of their father, Late Chief Imam L. B. Agusto who died intestate on 26th July, 1971, commenced this action at the High Court of Lagos State vide a writ of summons and statement of claim dated 10th March, 1993. It was upon their demise that the Respondent was substituted by order of Court dated 6th April, 2016. In the said action, the Respondent (as plaintiff) claimed as follows:-
(a) Declaration that the defendant has forfeited the lease entered into between her late husband and late Chief …