LEO O. C. OBIJURU V. I. M. OZIMS

M. L. BELLO, J.S.C. (Presiding and delivering the Leading Judgment): The facts of this case are simple and straight forward. In October, 1956 the appellant's father entered into an agreement of a lease for 90 years of a parcel of land, No.7 Oparanozie Street, Owerri from one Emmanuel Ikpeawujo who was then the head of the family that owned the land, hereinafter referred to as the land in dispute. The tenant agreed to pay an annual rent of 4 pounds and paid 40 pounds being 10 years rent in advance. The agreement for the lease was in writing but because it was not registered in accordance with the provisions of the Land Instruments Registration Law, Cap. 72 Laws of Eastern Nigeria 1963 the trial judge admitted it in evidence as a receipt for the payment of the rent as Exhibit B, and it reads:

"LAND LEASE AGREEMENT

An Agreement made this 1st day of October, 1956 between Emmanuel N. Ikpeawujo on behalf of himself heirs and successors of Amawom, Owerri hereby called the Landlord, and Jose…