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I. L. KUTIGI, JSC (DELIVERING THE LEADING JUDGMENT): I dismissed this appeal on the 6th day of April, 1992 after hearing counsel on the single ground of appeal he argued before this court without calling on respondent's counsel and now give my reasons.
The plaintiff who is now the respondent claimed in the Owerri High Court against the defendant who is appellant in this appeal as follows:
"(a) A declaration that the plaintiff having purchased the buildings situate at and known as No. 179 Tetlow Road, Owerri from the former owner Mr Godfrey F.A. Amadi and having obtained a statutory Certificate of Occupancy in relation to the said property registered as No.50 at page 50 in Volume 86 of the Lands Registry in the Office at Owerri is entitled to the physical possession of the said 179 Tetlow Road, Owerri without any molestation from any quarters whatsoever.
(b) A declaration that the defendant by wrongfully claiming as at 18/5/81 to be the owner of the said 179 Tetlow Road, Owerri after bein…