BIOBELE ABRAHAM GEORGEWILL, J.C.A. (Delivering the Lead Judgment): This is an appeal against the ruling of the High Court of Ogun State, Abeokuta Division, Coram: O. A. Onafowokan J, in Suit No. AB/316/2020: Abdulwasiu Kilani-Melon Ogunsanya & Ors V. Pentagon Real Estate Investment Limited & Ors delivered on 26/5/2016, in which the Claims of the Appellants as Claimants against the 1st and 2nd Respondents as 1st and 2nd Defendants were dismissed by virtue of a “Notice of Discontinuance” filed by the Appellants.
The Appellants were peeved with the said ruling and had appealed against it vide his Notice of Appeal filed on 20/1/2021 on two Grounds of Appeal. See pp 116 - 120 of the Record of Appeal. The Record of Appeal was compiled and transmitted to this Court on 24/5/2023 and was properly deemed and filed on the same date. The Appellants filed their brief, namely: The Appellants’ brief. The Respondents did not file any brief. The appeal was heard on the Appellants’ brief alone.
The appea…