F. F. TABAI. J.S.C (Delivering the Leading Judgment): This is an appeal against the judgment of the Court of Appeal delivered on the 8th of May, 2003. The action was initiated by a writ of summons issued at the High Court of Lagos State and was filed on the 18th of August, 1992. The plaintiffs are the 1st and 2nd respondents both at the court below and in this court. The 3rd defendant is the appellant at the court below and before us. The claim as contained in the amended statement of claim dated 22nd of April, 1996 was for the following reliefs:
(i) A declaration that the agreement made sometime in 1982 between the 2nd plaintiff and the 1st and 2nd defendants for the assignment of the unexpired residue of the leasehold interest in the property known as plot 1164 Saka Tinubu Street Victoria Island, Lagos covered by certificate of occupancy issued on the 10th of February, 1983 and registered as no. 84 page 84 in volume 1982 at the Lagos State of Nigeria Land Registry is valid, subsisti…