OSEJI JCA (Delivering the Lead Judgment): This appeal is against the judgment of the High Court of Justice, Enugu Division of Enugu State delivered by R.C.Agbo, J. on 16 June 2004 in suit No. E/329/1999 (Josephat Onyia v. Amobi Onyia). The appellant herein (Josephat Onyia) was the plaintiff and the respondent (Amobi Onyia) was the defendant in the lower court.
The appellant had in the suit in the lower court, vide an amended statement of claim dated 20 August 1996 claimed in paragraph 23 thereof as follows:
(a) ₦215,390.00 (two hundred and fifteen thousand, three hundred and ninety naira).
(b) Recovery of vehicle No. AN 1522 D.
(c) Account of all monies relating to common business transactions.
(d) Declaration that the plaintiff is entitled to ownership of the properties known as Block D, Unit 9, Federal Housing Estate, Enugu and No. 13, Afuizinwa Street, Azuiyiokwu Layout, Abakaliki, transacted in the name of the defendant.
A summary of the facts that led to the action as can be g…