HELEN MORONKEJI OGUNWUMIJU, J.C.A.(Delivering the Leading Judgment): This is an appeal against the judgment of the High Court of Imo State presided over by Hon. Justice P. O. Nnadi delivered on 14/7/04. The facts that led to this appeal are as follows:
The 1st Appellant was a tenant of the 1st Respondent on the premises known as No. 4 Wetheral Road Owerri from 1995. The 2nd Respondent was the caretaker and attorney to the 1st Respondent in respect of the premises. The 1st appellant being a businessman used the premises to run the business of some companies including the 2nd Appellant of which he was the Chief Executive Officer.
In the year 2000 the 1st Respondent sued the 1st Appellant through the 2nd Respondent as his attorney in suit No. HOU/358/2001 and judgment in default of pleadings was entered in favour of the Respondents. Thereafter the 1st Appellant appealed and sought a stay of execution of the judgment. Meanwhile on 20/6/02, the Respondents had proceeded to levy execution b…