MASSOUD ABDULRAHMAN OREDOLA, J.C.A.(Delivering the Leading Judgment): This is an appeal against the decision of the High Court of Abia State sitting at Aba (hereinafter referred to as the lower Court), delivered on the 30th day of June, 2011 by Hon. Justice I. Offonry, J.
The suit which gave rise to this appeal was commenced by the plaintiff/respondent (hereinafter referred to as the respondent) vide a writ of summons and statement of claim filed on the 13th day of October, 2005, wherein the respondent by his action sought for the following reliefs:
1. A Declaration that the plaintiff is the person entitled to the right of occupancy in and over the building and premises known as and called No. 33 Mbieri Street, Aba.
2. Possession of the said building and premises known as and called No. 33 Mbieri Street, Aba.
3. An order of Court compelling the defendant to account for all financial proceeds he has collected from the building known as and called No. 33 Mbieri Street, Aba.
4. An order of In…