HELEN MORONKEJI OGUNWUMIJU, JCA (Delivering the Leading Judgment): This is an appeal against the judgment of the High Court of Anambra State, Onitsha Judicial Division, delivered by Hon. Justice D.O.C Amaechina on 27/11/06.
The case of the Appellant at the trial Court was that the Appellant entered into an agreement with the 1st Respondent on 1/2/1997 to lease the 1st Respondents parcel of land lying and situate at No. 51A, Awka Road, Onitsha for a period of 10 years. The Appellant erected a temporary structure on the land, the fate of which, according to the lease agreement, would be determined at the expiration of the lease agreement. While the lease agreement was subsisting, the 1st Respondent sold the parcel of land to the 2nd and 3rd Respondents who on or about 20/10/03 began to erect a fence around the temporary structure of the Appellant used for the purpose of church services. The Appellant instituted an action against the Respondents and during the pendency of the action, the …