WALI, J.S.C. (Delivering the Leading Judgment): By a Writ of Summons filed in the Aba Division of the Imo State High Court, the plaintiff claimed against the defendant for the following reliefs:
"(a) Recovery of possession of a house and land known as No.70 Danfodio Road, Aba in the Aba Urban Division.
(b) An account of all the rents collected by the defendant from the tenants of the said house and land known as No.70 Danfodio Road, Aba from 1964 until possession is given up."
Pleadings were filed, amended and exchanged. The defendant also filed a counter claim. At the end of the hearing the learned trial Judge, Mbachu J., entered the following judgment for the plaintiff:-
"In the circumstances the plaintiff succeeds in his claim for declaration that he is the lessee of the property known as Plot 5 in Block 159 Aba otherwise known as No. 70 Danfodio Road, Aba. He is therefore entitled to possession and I order that the defendant vacates the premises on or before 30th November, 1985. I…