M. MOHAMMED, J.S.C (Delivering the Leading Judgment): Mr. Ekhator Ayanu who described himself as a professional driver, took out a writ of summons as a plaintiff in the High Court of Justice of Lagos State against Mandilas Limited as the defendant. In the writ of summons dated 17th November, 1980, the plaintiff claimed against the defendant as follows:
"The plaintiff's claim against the defendant is for a declaration that he (the plaintiff) is not bound by the deed of lease dated 24th August, 1970 registered as No.7 at page 7 in volume 95 of the Lands Registry, Benin City purporting to be made between him and the defendant in respect of the plaintiff's property situated at 3 Murtala Mohammed Road formerly No.3 Mission Road), Benin City.
Alternatively, the plaintiff "claims a declaration that the said deed of lease is a nullity."
However, in the plaintiff's amended statement of claim filed at the trial High Court on 29th April, 1987, by paragraph 15 thereof at pages 124 -125 of the …