A. FATAYI-WILLIAMS, J.S.C. (Delivering the Leading Judgment): Some time in the year 1906, one Badaru Animashawun obtained from the Mgbelekeke family of Onitsha, the right to the use and occupation, under what is known in Onitsha as a "kola tenancy", of a piece of land in Onitsha verged green in plan No. SE 29/63 of 10th June, 1963 (exhibit A). Badaru Animashawun later built houses on the land which he occupied with the members of his family. In 1928, he leased the portion verged pink in the plan (exhibit A) to one J. M. Stuart-Young.
Four years later, the Mgbelekeke family, being of the opinion that Badaru Animashawun had sold his rights in the portion in question to Stuart- Young and had thereby forfeited his kola tenancy, granted another lease of the same portion to Stuart-Young. Being dissatisfied with this action of the Mgbelekeke family, Badaru Animashawun brought an action against both the family (represented by one Michael Obanye) and Stuart-Young in Suit No. 4/32 (exhibit B).…