EJEMBI EKO, J.C.A (Delivering the Leading Judgment): On 4th June, 2007 Hon. P. E. Ebeku, J of the Rivers State High Court in a judgment delivered upon an application for final judgment in the suit No. PHC/430/2006 on the ground that the defendant, the present Appellant, had failed, neglected or refused to deliver his defence to the suit of the respondent, who was the claimant. The learned trial judge, in the said default judgment, make the following orders directing the defendant/Appellant.
1. To deliver, immediately, vacant possession of the property and Premises with appurtenances situate, lying and being at plot 333 Trans-Amadi Industrial Layout, Port Harcourt to the Claimant/Respondent, and
2. To pay mesne profits at the rate of N15,000.000.00 per annum from 1s June, 2005 until vacant
possession of the property is given to the Claimant/Respondent.
The Appellant, as the defendant, being aggrieved by the said judgment and/or orders has appealed on two grounds of appeal, namely: