GALADIMA, J.C.A. (Delivering the Leading Judgment): This is interlocutory appeal against the ruling of Honourable Justice Adagun of the Ikeja Division of Lagos State High Court delivered on the 27th day of April, 1994.
The appellants as plaintiffs sued the defendants now the respondents in suit No. ID/432/83 at the lower court for a declaration that the deed of lease executed by the four respondents in favour of the 5th respondent is void, in the alternative that the said deed of lease be set aside on the ground that it was made without the consent of the plaintiff. They also claim against the 5th defendant company ₦200,000 damages for trespass to the said lane and an injunction restraining the said 5th defendant its servants or agents from further entering upon or committing any further act of trespass to the land. Trial began. Appellants closed their case on 1/4/93 and the case was adjourned to 14/5/93 or defence to be opened. However before this date an application for an amendment …