UZO IFEYINWA NDUKWE-ANYANWU, J.C.A. (Delivering the Leading Judgment): This is an appeal against the Judgment of the High Court of Lagos State delivered on 25th May, 2006 by Hon. Justice A. Olateru-Olagbegi in Suit No. ID/2637/1997: Alhaji Sunmonu Sadiq and Ors. v. Chief Olufemi Fasheun and Anor in which the claims of the Appellants as Plaintiffs against the Respondents as Defendants was granted in part.
By a writ of summon together with a 3rd Amended Statement of claim dated 23rd February, 2006, the Plaintiffs now Appellants claimed as follows:
1. An order of forfeiture of the lease held by the Defendants from the Plaintiffs by virtue of a deed of lease dated 28th day of February, 1959 and registered as No. 2 of page 2 in volume 314 of the Land Registry, Lagos, on grounds of non-payment of the annual leasehold rents and for the denial of the Plaintiffs title to the demised premises by the Defendant.
2. An arrears of rent payable by the Defendant to the Plaintiffs under and by virtue of …