VICTORIA ANISIUBU V. ANTHONY EMODI

T. O. ELIAS, C.J.N. (Delivering the Leading Judgment): This is an appeal from an order of Oputa, J., made on February 1, 1974, in Suit No. 0/186/71 at the Onitsha High Court dismissing the action filed by the plaintiff. The plaintiff's claims against the defendant are as follows:

"(1) A declaration that the lease dated 10th February, 1958 between Charles Emodi and Martin Anisiuba has not been determined; OR alternatively a specific performance of the said Agreement.

(ii)200pounds damages for trespass on the said property to wit, two stores and three shops together with a strip of land between the shops and the New Market Road as described above.

(iii)A perpetual injunction to restrain the defendant his servants, agents or assigns from further acts of trespass on the said property."

The order made by the learned trial Judge is as follows:

"Plaintiff in person. She says she has a lawyer who has not appeared. Plaintiff says she cannot go on without her lawyer. Counsel should endeavour to…