Facts:

Frozen Foods Nigeria limited the 2nd respondent in the appeal had leased property to the appellant. The property was subject of a mortgage between the 2nd respondent and its bankers the 1st respondent. The plaintiff now appellant sued in the High Court of Lagos State claiming entitlement to possession based on a lease between it and the second defendant who had mortgaged the property to the bank/1st respondent before the lease in question was executed in favour of the appellant by the second defendant. Indeed the mortgaged had been foreclosed. Salient amongst the reliefs sought are –

“(a) A declaration that the plaintiff is entitled to the occupation and possession of the property situate and being at No.36 Sule Abuka Crescent, off Opebi Road, lkeja – Lagos State of Nigeria until 31/01/96 pursuant to a lease of agreement made between the plaintiff and the second defendant

(b) A declaration that the said lease agreement made between the plaintiff and the 2nd defendant in respect of the property at No.36 Sule Abuka Crescent, off Opebi Road, Ikeja – Lagos is valid subsisting and binding on the parties.