Facts:

The respondent pursuant to a grant from Lagos State Government was vested with title and possession to eight (8) hectares of land within Ikoyi Foreshore. Sometimes in 1993, the respondent applied to the Federal Ministry of Works and Housing (FMWH) (1st Defendant at the lower court) for regularization of its title over the original eight (8) hectares and a grant of a lease over an additional eight (8) hectares to be created by the respondent through the process of sand filling. Following the request, the FMWH made an offer of 16 hectares to the respondent. The offer was also subject to some conditions which the respondent fulfilled. The FMWH then conveyed 10.58 hectares to the respondent with 5.8 hectares outstanding. It is the respondent’s case that the appellant and other third parties trespassed on the land yet to be conveyed (but paid for) to it by the FMWH.
The trespassers claimed to have lawful title to the land given to them by the FMWH. Aggrieved by the action of the FMWH, the respondent filed an action at the Federal High Court seeking for certain reliefs against the FMWH, appellant and five other parties. The sued parties also filed their defence and the matter proceeded to trial. After parties closed their case and filed their final addresses, the lower court in its final decision gave judgment in favour of the respondent.
Dissatisfied with the decision of the lower court, the appellant appealed to the Court of Appeal seeking inter alia the determination of the court as to whether or not the lower court had jurisdiction to adjudicate upon the matter.