UWA, J.S.C. (Delivering the Leading Judgment): The appeal is against the judgment of the Court of Appeal, Lagos Division (hereinafter referred to as the court below) delivered on 23rd May 2019, wherein the court allowed the appeal and cross appeal in part and set aside some of the orders of the trial court.
The essential facts leading up to this appeal are that the appellant “as plaintiff” commenced the action by a writ of summons filed on 20/1/12, against the respondents before the Lagos State High Court (hereinafter referred to as the trial court), seeking the following reliefs:
“(1) An order of this honourable court nullifying the purported Memorandum of Understanding (Vol. 1and 2) between the claimant and the 1st defendant as same is a sham and fraudulently procured by the 1st defendant.
(2) An order of this honourable court that the said Memorandum of Understanding 1 and 2 procured fraudulently by the 1st defendant does not reflect an understanding freely entered into or consented t…