OSSAI
V.
NWAJIDE & ANOR
·
G. S. SOWEMIMO, J.S.C. (Delivering the Leading Judgment): This is an appeal against the judgment of Oputa, J., delivered at the High Court, Onitsha, on the 26th of September, 1972 in which he entered judgment for the plaintiffs, now respondents before us, against the appellant who was defendant before him. The claim before the lower court reads:-
"1. Both the Plaintiffs and the Defendant reside at Onitsha.
2. The Plaintiffs claim against the defendant as follows:-
(a) Declaration that the lease of premises situate at and known as 37, Nottidge Street, Onitsha by the Defendant to the Plaintiffs as contained in lease Agreement dated the 1st day of February, 1960 has not been determined.
(b) An Account of all rents and profits realised by the Defendant by unlawfully letting out the property embraced by the said lease from the 1st day of June 1970 and the payment to the Plaintiffs of the amount so realised.
(c) 500 (Five Hundred Pounds) damages for trespass to the said property.
(d) An I…