CHINWE EUGENIA IYIZOBA, JCA (Delivering the Leading Judgment): This is an appeal against the Judgment of Ojikutu Oshode J. of the High Court of Lagos State, in Suit No. LD/490/2004 delivered on 21st day of September 2008 granting the Respondent possession and mesne profits at the rate of ₦5,145,000.00 (Five million, one hundred and forty-five thousand naira) per annum from 31st December 2005 until possession is given up.
The facts that led to the institution of the suit at the lower court as deduced from the Claimant/Respondent's amended statement of claim are as follows:
The Respondent sometime in 1991 leased the parcel of land known as Plot 'B' Idejo Towers (henceforth referred to as the Premises) from the Lagos State Development and Property Corporation for a term of fifty years only. Thereafter, the Respondent took possession and did piling work on the premises with a view to erecting a high-rise building of over 10 floors thereon. After completion of the piling work, but before …