KATSINA-ALU, JSC (Delivering the Lead Judgment): In this action on 29th April, 1963 Mr. Pius Oji the defendant and Nnayelugo Samuel Sampson 1 Bosah, Akukalia Albert Bobo Bosah, and Augustine Aseloka Bosah, the plaintiffs, came to an agreement which they put into writing. The object was that the defendant should take a lease of the premises known as No. 49 Old Market Road Onitsha for a term of 60 years. In the said lease agreement, exhibit A, the defendant covenanted to demolish an old building at the back of the plaintiffs’ premises and build in its place a house containing 14 rooms for the use of the plaintiffs within one year. The defendant in addition was to pay the sum of £100 to the plaintiffs. Thereafter the defendant was to build for his own use another house in front of the premises and in addition pay the plaintiffs a sum of £980. The defendant, after the completion of his own house, would obtain a certificate of occupancy from the Onitsha Local Council. The document (lease…