SAMUEL CHUKWUDUMEBI OSEJI, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of the High Court of Anambra State, Onitsha Judicial Division, Holden at Onitsha and delivered on the 14th day of December 2006 by Hon. Justice C.E.K. Anigbogu in Suit No.0/745/2000 (CHARLES CHUKA OSADEBE v. MICHAEL OKECHUKWU ADIMORAH.)
The Appellant in this appeal had as plaintiff filed an action in the High Court of Anambra State, Onitsha judicial Division hereinafter referred to as (the lower court) wherein he claimed against the defendant (now Respondent) as per his statement of claim dated 9-2-2001 as follows:-
(a) Possession of the two rooms and premises at No. 53 Old Market Road, Onitsha.
(b) Mesne profit at the rate of ₦1,600 per month from the 1st day of April 2000 till possession is given up.
The defendant, (now Respondent) in his Statement of Defence dated 11-6-2001 denied the claim of the appellant and further counter claimed against him as follows:-
(a) A Declaratio…