O. OLATAWURA, JSC (Delivering the Leading Judgment): The action which has now culminated in this appeal was originally between the respondent as plaintiff and the 2nd appellant as defendant. It was on 3rd October 1980 that the 1st Appellant was joined as 2nd defendant. Before the joinder pleadings had been filed and exchanged. After the joinder the writ of summons and the pleadings were amended. The 1st defendant by its amended statement of defence of 6th April, 1981 set up a counter claim. The plaintiff filed an amended statement of claim dated 27th April, 1981 on 28th April, 1981. The 2nd defendant filed an amended statement of defence on 5th May, 1981.
The facts relied on by the parties are strictly in accordance with their respective pleadings. I will refer to some of the paragraphs of their respective pleadings later. It is not disputed that the 1st defendant took a lease of a parcel or portion of land from the 2nd defendant for a term of 90 years. This lease was admitted in evi…