MIKA'ILU, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of Anambra State High Court, Ihiala judicial division in suit No. HIH/16/85, James R.C Mmegwa v. Texaco Nigeria Plc., delivered on 2nd April, 2001. As per the statement of claim of the appellant as the plaintiff under paragraph 2, it was alleged by the appellant as plaintiff as follows:-
"2. The defendant entered into an agreement with the plaintiff for the grant to the defendant of lease of the plaintiff's land, situate in Ihiala, within the jurisdiction of this court, and the construction on the said land by the defendant of a petrol filling station at which the plaintiff on (sic) his nominee, shall be appointed dealer by the defendant, for the sale and distribution of the defendant's petroleum and other products."
In the suit, the appellant alleged default on the part of the respondent. He therefore under paragraph 22 of the statement of claim, claimed against the respondent as follows:-
"An …