A. G. IRIKEFE, J.S.C. (Delivering the Leading Judgment): In the Calabar Judicial Division of the High Court of the then South Eastern State, the appellant herein endorsed her writ against the respondent in the following terms:
"Plaintiff's claim as against the defendant is for a declaration that the property (tenement) No. 78 Egerton Street, Calabar including the premises and appurtenances thereof is the property of the 1st plaintiff, value about 600 (six hundred pounds) that the transaction between 1st plaintiff and the defendant in respect of the said property was a mere loan to the plaintiff by the defendant in (his) the defendant's capacity as a money lender upon the security of the title deeds of the property, and that the defendant's claim in his letter dated 28th January, 1970 to the 1st plaintiff through the Chairman, South Eastern State Rehabilitation Commission that the property (tenement) No. 78 Egerton Street, Calabar is (his) the defendant's property by virtue of an alleg…