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EDOZIE, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of the High Court of Rivers State holden in Port Harcourt delivered by Ungbuku J, as he then was. on 29th of April,1987 in Suit No: PHC/36/82. In that suit, the respondent/cross-appellant referred to simply as respondent was the plaintiff whiles the appellant, cross-respondent, to be referred to as appellant was the defendant. As set out in paragraph 15 of the further amended statement of claim, the respondent's claim was as follows:
"(i) Declaration that the Zenith Concrete Block Making Machine, Teva Mixer equipment and other assets now being employed by the defendant in the Block Moulding Industry now being carried on by the defendant at Omunakwe Nsirim Road, Mile 4, Port Harcourt under the name and style of Etcheson and Sons is the bona fide and beneficial property of the plaintiff.
(ii) A declaration that the aforesaid Block Moulding Business now being carried on by the defendant at Mile 5, Po…