MOJEED ADEKUNLE OWOADE, J.C.A.(Delivering the Leading Judgment): This is an appeal against the judgment of O. A. Otisi, J. In Suit No. A/249/95 delivered at Aba, in the Aba Judicial Division of the High Court of Abia State on 19th May, 2001.
The appellant as plaintiff in the lower court issued a Writ of Summons against the defendant/respondent on 8th may, 1995 and by a statement of claim dated 20th April, 1996 claimed as follows:
"(a) An order of this Honourable Court SETTING ASIDE the Deed of Lease dated the 5th day of July, 1961 made between the plaintiff of the one part and one J. C. Awah (now deceased) of the other part registered as No. 30 at page 30 in Volume 268 of the Lands Registry in the office at Enugu (now Umuahia) on the ground that the Survey Plan No.BAN/126/60 of 17th May, 1960 attached to that Deed did not represent the extent of that portion of land known as and called "OKPULO NWAMAGHINNA" situate at Osusu in Aba North Local Government Area, granted to the said J. C. …