YARGATA BYENCHIT NIMPAR, J.C.A. (Delivering the Leading Judgment): This appeal is against the Ruling of the Lagos State High Court delivered on the 23rd September, 2009 by HON. JUSTICE Y. A. ADESANYA. Dissatisfied with the ruling, the Appellant filed an Amended Notice of Appeal dated 5th day of March 2015 filed on the same day setting out a sole ground of appeal which generated a sole issue for determination.
The Respondent took out an action against the Appellant by way of writ of summons supported by a statement of Claim seeking the following:
"WHEREOF the claimant claims against the Defendant as follows:
a. An Order that the Defendant gives vacant possession of the 3 bedroom detached house situate, lying and being at No. 7B, Hawksworth Road, Ikoyi Lagos State to the Claimant forthwith.
b. The sum of N200,000 for the renovation and repainting of the above mentioned property.
c. The sum of N166,667 being the mesne profit per month from 1st August 2007 until possession is finally given up …