GREGORY OBI UDE V. CLEMENT NWARA & ANOR.

NNAEMEKA-AGU, JSC: (Delivering the Leading Judgment): In a Port Harcourt High Court, by an action commenced by a writ of summons, the plaintiff claimed against the defendants jointly and severally as follows:

"1. A declaration that the plaintiff is the Lessee of the leasehold property situate at No.2, Ekpeye (Umuoji) Street, Diobu, Port Harcourt (Plot I, Block 261, Wobo Layout).

2. A declaration that the sale of the said property by the Rivers State Government to the 1st defendant is null and void and of no effect whatsoever.

3. N2,000.00 general damages for trespass.

4. A perpetual injunction restraining the defendants, their agents and/ or servants from further acts of trespass to the premises.

Dated this 26th day of October, 1983.

(Sgd.) SJ. Ofoluwa,

Solicitor for Plaintiff,

16, Abonnema Wharf Road,

Port Harcourt."

Plaintiffs case as revealed by his statement of claim was that before the Nigerian Civil War he was granted a lease of a plot of land at No.2 Umuoji Street, Port …