<p><strong> BAGE JSC (Delivering the Lead Judgment): </strong> This is an appeal against the judgment of the Court of Appeal, Enugu Division delivered on 10 July 2008, allowing the appeal of the respondent.</p><p><em> Facts: </em></p><p>The subject matter of this suit is in relation to a property situate and lying at plots 6 and 7 Industrial Layout, Onitsha- Owerri road, Onitsha which were originally part of large expanse of land belonging to John Tiger, which the said Plots 6 and 7 were leased to one Dr. Walter Eze, <em> via </em> a deed of lease dated 14 December 1964 for 99 years commencing on 1 January 1965. Dr. Walter Eze later divided the property into plots and thereafter granted a sub-lease (Exhibit B) of plots 6 and 7 to Eastern Steel Company (Nig.) Ltd i.e. the 2nd respondent for a term of 84 years commencing on 1 March 1980. The 2ndrespondent upon being granted the lease of the said plots 6 and 7 used same to apply for a (statutory) certificate of occupancy which was granted commencing from 9 January 1978 over 2 years before…</p>