UDO UDOMA, JSC (Delivering the Leading Judgment): This is an appeal against the judgment of the Western State Court of Appeal dismissing an appeal against the judgment of the High Court, Ibadan, (Ayoola, J.) and affirming the said judgment. The appeal arose out of Suit No. I/110/65 in the High Court, wherein the claim of the plaintiffs, herein appellants, against the defendant, now respondent, was for a declaration that the plaintiffs are not bound by the terms of the Deed of Lease, the particulars of the registration whereof would be set out hereafter, and that the plaintiffs are entitled to determine the tenancy of the Government of Western Nigeria by six months' notice given in that behalf.
The facts of the case as found by the learned trial Judge have been fully and clearly summarised by the Western State Court of Appeal in its judgment. Normally, it would not have been necessary for us to travel through the whole length again, but in view, however, of the issues canvassed before …