M. L. UWAIS, J.S.C. (Delivering the Leading Judgment): The appellant was the defendant in an action which was brought by the respondents, as plaintiffs, in the High Court of Lagos State sitting at Ikeja claiming that the judgment of the Court given by Taylor, J. (as he then was) on the 2nd day of June, 1958 be set aside. The background to the action is as contained in paragraphs 7 to 11 and 13 to 20 inclusive of the plaintiffs' Amended Statement of Claim, which read as follows:-
"7. On the 3rd March, 1958, it was agreed by counsel in the two Suits AB/24/55 and AB/29/55 that AB/24/55 should be heard first and that it should be a test case for the other suits AB/29/55 and that the former shall decide the latter. The proceedings of AB/24/55 of the 3rd March, 1958 before the Hon. Justice John Taylor will be relied upon.
8. In the event that happened judgment was given in favour of the plaintiff in Suit No. AB/24/55 on the 2nd June, 1958.
9. On the said 2nd day of June, 1958 the said tr…