ANIAGOLU, J.S.C. (Delivering the Leading Judgment): The outcome of this appeal hinges on the interpretation of section 258(1) of the 1979 Constitution. Although the grounds of appeal encompass other issues of law and facts which were argued before the Federal Court of Appeal, the interpretation of section 258(1) becomes the dominant issue in the appeal because should the appellant's arguments on it be accepted, no useful purpose (other than fanciful academic peregrinations) would be served by going through the facts and issues of law arising therefore.
Before, however, embarking upon this main issue, it is perhaps worth the while to set out in a brief outline the facts of the case between the parties bringing about this litigation.
There is a house situate in Block 44, plot 18 at Onitsha commonly known as No. 12 Anyaegbunam Street, Fegge, Onitsha. The plot of land on which this house was built was the subject of a grant to the plaintiff/appellant from government for a period of 40 y…