D. O. IBEKWE, J.S.C. (Delivering the Leading Judgment): The plaintiff and the 2nd defendant in this case are husband and wife. They are married under the Marriage Act, but they now live apart. The plaintiff is a civil servant, and the 2nd defendant is the proprietress of a weaving industry.
After their marriage, the couple lived together. But during the recent civil war they began to fall apart, and by the time the war ended in 1970, they had completely fallen apart. As is usual in such cases, either party now accuses the other of desertion.
The suit arises from the rival claims which the couple has set up to lease- hold interest in respect of the property known as No.7 E.C.N. Road, Aba., On the 29th day of September, 1971, the husband as the plaintiff instituted this action against his wife as the 2nd defendant, and the lessor as the 1st defendant,
claiming:-
"1. A declaration that he is entitled to the Leasehold of the property NO 7 E.C.N. Road, Aba, and
2. An order setting asid…