UWAIS, J.S.C. (Delivering the Leading Judgment): In this appeal the 1st respondent was the plaintiff in an action which he brought against the appellant in the Rivers State High Court, sitting at Port Harcourt. His claim as per the writ of summons reads as follows:
"(a) Declaration that the Plaintiff is the owner and entitled to the possession/occupation of a piece or parcel of land described as Plot 295 Oromineke Layout otherwise known as No. 5, Emekuku Street, Diobu - Port Harcourt by virtue of Deed of Lease dated 3rd January, 1979 and registered as No. 38 at 83 Volume 77 of the Lands Registry in the Office at Port Harcourt.
(b) Order for possession of the said property for the use and benefit of the Plaintiff.
(c) Injunction to restrain the Defendant, his family, agent and otherwise from further occupation of the said premises.
(d) N50,000.00 (Fifty Thousand Naira) being special and general damages for loss of use since 1st August, 1978.
(e) Any other reliefs the Court may deem fit…