MUSDAPHER, JSC (Delivering the Leading Judgment): The appellant herein and one Alexander Odu Williams [now deceased] were parties to a lease. The appellant took the lease of the property situated at No. 31, Little Road, Yaba Lagos for 50 years. The lease was dated and was to commence from the 5th day of July, 1976. By clause 11 of the lease it was recognized that there were tenants on the demised property but the responsibility of ejecting the tenants was placed on the appellant. In suit No. 86/85, before the Magistrate Court of Lagos State, the appellant instituted a recovery of premises action against the respondent the only occupant remaining on the premises. The action was dismissed on the 29/8/1991 on the grounds of jurisdiction. On the 1st of June, 1992, the appellant herein filed an Originating Summons before the High Court of Lagos State claiming against the respondent herein the following reliefs:-
"1. A declaration that the applicant as against the respondent for herself an…