BELGORE, JSC (Delivering the Leading Judgment): The plaintiff now appellant in this court was the respondent at the Court of Appeal. He was given judgment at the trial High Court of former Anambra State sitting at Onitsha. He is the son of a retired Minister of Religion. The respondent is a businessman and was the defendant at the trial court and appellant at the Court of Appeal.
By a deed of lease made on 17th day of July 1972 between the plaintiff/appellant and the defendant/respondent and his late brother Davidson Orizu Onuorah and registered in Deeds Registry as No. 12 at page 12 in volume 8 the parties agreed as follows:-
"(i) To build on the site demised a storey building containing on the whole 8 (eight) shops and 6 (six) rooms and conveniences on the ground floor and 2 flats and conveniences on the first floor containing 8 (eight) rooms, that is, parlour and three bed rooms with conveniences on the second flat all in accordance with the approved building plan Nos. OPA/No.754,…