C D. OLALE V. G. O. EKWELENDU

CRAIG, J.S.C. (Delivering The Leading Judgment): This is an appeal against the Judgment of the Court of Appeal, Enugu dated 4th December, 1985. In that Court, the Justices of the Court had reversed the judgment of Okara, J., who had dismissed the claims of the plaintiff/appellant in the High Court of Port-Harcourt. Those claims were for a declaration that:

"1. That the property known as No.2 Amaigbo Lane, Mile 2 Diobu Port-Harcourt is the Property of G. O. Ekwelendu - Plaintiff and not that of the Defendant.

2. An account be taken of all monies collected or ought to have been collected by the defendant as rent from the premises from 5th June, 1975 (time of release) until judgment is delivered and the amount found due be paid by the defendant to the Plaintiff.

3. An injunction to restrain the defendant and or his agents from collecting rents from the said building or otherwise treat the same as his property."

Pleadings were ordered and exchanged. On those pleadings, the plaintiffs cas…