ISAAC O. NLEWEDIM V. KALU UDUMA

BELGORE, J.S.C (Delivering the Leading Judgment): The appellant, Isaac O. Nlewedim around 12th January 1976 went into an agreement to purchase a piece of land called "Ala Isimkpa" at Umule village in Southern Ngwa Division of the then East Central State, later Imo State but now Abia State. In the Statement of Claim the plaintiff averred that the agreed sum was N5,100.00 (five thousand five hundred Naira) and that he paid N3500.00 (three thousand one hundred Naira) as part payment promising to pay the balance of N1,600.00) (one thousand six hundred Naira) immediately he (plaintiff) surveyed the land and that he was there and then let into possession; by this he seemed to take the "word" possession to mean what he described in the Statement of Claim as "the plaintiff should go into immediate possession of the land in dispute and the plaintiff should survey the land in dispute and start exercising all acts capable of being exercised by a lessee". (italics mine for emphasis). The plaintif…