GEORGE OLADEINDE SHOREMI J.C.A., (Delivering the Leading Judgment): This is an appeal against the judgment of Delta State High Court sitting at Effurun. The facts leading this appeal are that:
the action originated at the Magistrate Court 1 Effurun, registered as Suit No: ME/56/2005, by way of the Appellant's claim seeking the recovery of the possession of a piece and/or parcel of land "measuring 16331.25 square meters" which is in actual possession of the Respondent under a duly executed lease agreement together with mesne profits.
The Appellant got judgment in their favour at the said Magistrate Court.
Then dissatisfied with this judgment, the Respondent appealed from the judgment to the High Court of Justice, Effurun. Arguments were heard and the judgment of the said Magistrate Court given on 26/10/2006 was set aside by Hon. Justice G.E. Gbemre in a well considered judgment hence this appeal.
In line with the procedure of this court briefs were exchanged.
On the hearing date of thi…