MURPHIS BURGER NIGERIA LTD.
V.
EGBE
RAPHAEL CHIKWE AGBO, J.C.A.(Delivering the Leading Ruling): The applicant was the defendant in Suit No. M/9/2005 at the High Court of Lagos State sitting at its Lagos Division. In a considered judgment the trial court on 17th March, 2006 adjudged the plaintiff entitled to immediate possession of No. 37 Adeniran Ogunsanya Street, Surulere, Lagos the lease agreement between the parties having been determined and N400,000.00 per annum Mesne profit from 1st September, 2004 till vacant possession is given up. Dissatisfied with this judgment the appellant by a notice of appeal dated and filed on 20th March, 2006 appealed against the judgment of the trial court to this court. On 8th April, 2008 this court pursuant to Order 17 Rule 10 of the Rules of this court dismissed the appeal. The appellant by notice of appeal dated and filed on 9th April, 2008 appealed against the judgment of this court to the Supreme Court. It subsequently filed this application on the same date it filed the notice of…