MILKYWAY INVEST. (NIG.) LTD
V.
USMAN

IYIZOBA JCA (Delivering the Lead Judgment): At the High Court of Lagos State, Lagos Division, the respondent as claimant took out an originating summons against the appellants as 1st and 2nd defendants along with two other defendants, Mr. Sosanya Oladapo and Unity Bank Plc, whowere later, struck out as parties pursuant to the notice of discontinuance filed by the claimant. In theoriginating summons, the claimant claimed against the 1st and 2nd defendants as follows: “An order that he do recover possession of a portion of that property situate at 18a, Child Avenue, Apapa, Lagos State on the ground that he is entitled to possession and that the persons in occupation are in occupation without his authority or consent.” In support of the originating summons, the claimant deposed to a 48 paragraph affidavit with seven (7) exhibits and a written address. The 1st and 2nd defendants in opposition to the originating summons filed a 26 paragraph counter affidavit deposed to by the 2nd defenda…