NDUKWE-ANYANWU JCA: (Delivering the Lead Ruling): The applicants, together with 19 others (inclusive of Mrs. Okusaga), each filed independent suit against the respondents for breach of contract in respect to the housing units purchased in a housing scheme constructed by the respondents known as The Millennium Housing Estate, Lekki II. At pre- trial stage, all suits were assigned to a single judge. The judge, noting that all the cases have similar issues, advised parties during pre-trial to use one of the cases as a test case and any judgment given in that case will bind all others.
The parties on this note decided to enter into an agreement based on that which they later called the test case agreement. The case or suit number selected was this present case (suit No. LD/1164/2004 Mrs Tinuke Okusaga v. Lagos State Government and 2 Ors. ). The matter went to trial; same was adopted by the trial judge. The trial judge in its considered judgment ruled in favour of the respondents. Aft…