TIJJANI ABUBAKAR, JCA (Delivering the Leading Judgment): This appeal is against the ruling delivered by Lufadeju J, of the Lagos State High Court on the 15th day of June 2007 directing parties to file pleadings. In brief the facts are that the Appellants in this appeal, commenced action at the lower by Originating Summons under Order 3 rule 5 of the Lagos State High Court Civil Procedure Rules 2004. The Appellants as Claimants submitted the following questions for determination:
1. Whether the area of that portion of Plot 1282 at Saka Tinubu Street, Victoria Island, otherwise known as No. 45, Saka Tinubu Street, Victoria Island, Lagos, measuring 618.105 square metres, stated in and assigned under the DEED OF ASSIGNMENT now, registered under Title No. LO 8580 at the Lagos State Land Registry had, by virtue of Plan No. LS/D/LA 1063, annexed to the DEED, which letter the area of the said portion as measuring 700.299 square metres, in law been modified, enlarged, extended or added to.
2. …