EFEFIOM JOHN EYAMBA& 3 ORS
V.
JOSEPH ROTHOS ANTHONY KOURI

PETRIDES, C.J., GOLD COAST.

Appellants by their writ dated the 13th February, 1936, sought (a) to recover possession of a piece of land of the value of £140 on the waterfront at Calabar, and (b) the removal by the respondent of the buildings thereon.

The trial Judge, in a reasoned judgment, which sets out all the material facts, dismissed both claims.

By a deed dated the 1st May, 1923, three members of the Eyamba family, of whom the then Etubom was one (therein called the lessors, which term included the successors in title of the lessors where the context so admitted), leased the land in dispute under the Native Lands Acquisition Ordinance (Chapter 89) to the third plaintiff, a Syrian of Calabar, therein called the lessee, which term included the successors in title of the lessee where the context so admitted. This lease was duly approved by the Lieutenant-Governor on the 25th May, 1923.

One of the terms of the lease was that the lessee should erect on the land leased buildings to the…