MUDASHIRU NASIRU ONIYANGI, J.C.A. (Delivering the Leading Judgment): The Appellant as Claimant sued the Respondent as Defendant by a writ of summons accompanied by a statement of claim.
In paragraph 24 of the statement of claim, the Plaintiff claimed as follows:
PARAGRAPH 24
"24. WHEREFORE the claimant claim against the defendant as follows:
(i) An order directing the defendant to surrender to the claimant forthwith the original deed of lease in possession of the defendant dated 9th day of February, 1979 and registered as No. 17 at page 17 in vol. 563 of the Lands Registry in the office at Benin City now Asaba covering property lying, being and situate at plot 14, Block 10. Igbudu Housing Estate, Warri used by the claimant as security for a legal mortgage.
(ii) The sum of ₦30,000,000.00 (Thirty million Naira) being damages for the wrongful refusal of the defendant to release to the claimant the said original deed of lease in possession of the defendant dated 9th day of February, 1979 and r…