Facts:

This appeal is against the decision of the High Court of Lagos State (lower Court) delivered on the 24th of March 2016, by I. O. Akinkugbe, J.

Sometime in 2004, the Appellant, the lessee (Plaintiff in the lower Court), and the Respondent the lessor (Defendant in the lower Court) entered into a 10-year lease agreement in respect of the premises known as No. 35/41 Mobolaji Bank Anthony Way, Ikeja, Lagos State (the property). A dispute erupted between the parties on the renewal of the lease, of which the Respondent beseeched the lower court, seeking for an interpretation of the lease agreement on the renewal rights of the parties. Further to the proceedings, the parties decided to negotiate and settle their dispute. They filed duly executed terms of settlement which were entered as consent judgment before the lower Court. Subsequently, via a Writ of Summons, the Appellant approached the lower Court wherein it tabled against the Respondent several declaratory and executory reliefs. In reaction to the suit, the Respondent filed a statement of claim and counter-claimed against the Appellant. In reaction, the Appellant filed a preliminary objection wherein it prayed the lower court to dismiss the Respondent’s counter-claim for being incompetent and an abuse of court process. The Respondent joined issues in this respect with the Appellant.

The preliminary objection was duly heard, and in a considered ruling, the Appellant’s preliminary objection was dismissed. This aggravated the Appellant, hence via a Notice of Appeal, appealed to the Court of Appeal.