Facts:

This is appeal is against the judgement of the High Court of Lagos, Ikeja Division (lower court), delivered by Eniola F. Longe, J., on the 25th day of October, 2001. Before the lower court, the Appellants and the second Respondent were the Defendants whilst the first respondent was the Plaintiff.

Sometimes in 1978, the Federal Government of Nigeria leased a large expanse of land, situate and lying along Lagos-Badagry Express Road, Lagos, to the 1st Respondent under certain terms and conditions on its usage. The 1st Respondent subsequently subleased part of the same land to the 2nd Respondent under the same conditions in the head lease. In 1993, the 2nd Respondent assigned the residue of its interest in the same land portion to the 3rd Appellant’s trustees under certain conditions. The 1st Respondent alleged that in 1992, the Appellants unlawfully entered the land in dispute, built buildings thereon and started using it for religious purpose contrary to the user covenant in the head lease. Sequel to that, the 1st Respondent via a Writ of Summons and Statement of Claim, beseeched the lower court, seeking for a declaration that the Appellants have no right title or interest in the land in dispute, among other orders.

The Appellants joined issue with the 1st Respondent through their Statement of Defence, and denied liability. They contended that the 1st Respondent consented to the assignment of 1993 and that the land in dispute is not being used for religious purposes. Also, they raised the defence of laches, acquiescence, waiver and estoppel against the suit, and consequently counter-claimed.

The 2nd Respondent also filed a statement of defence wherein it asserted that the 1st Respondent was aware of the sublease and that the suit disclosed no reasonable cause of action.

The matter proceeded to trial, and upon close of evidence and addresses by parties through their respective counsels, the lower court in a considered judgment, granted the 1st Respondent’s claim.

Dissatisfied with the decision of the lower court, the Appellants appealed to the Court of Appeal.