MUDASHIRU NASIRU ONIYANGI, J.C.A.(Delivering the Leading Judgment): At the High Court of Delta State, Sapele Judicial Division, the Respondent as claimant took out a writ of summons against the Appellant as a defendant seeking for the following reliefs:
(1) An order directing the defendant to surrender to the claimant forthwith the original Deed of Lease in possession of the defendant dated 9th day of February, 1979 and registered as No. 17 at page 17 in vol. 563 of the Lands Registry in the office at Benin City now Asaba covering property lying, being and situate at plot 14, Block 10 Igbudu Housing Estate, Warri used by the claimant as security for a legal mortgage.
(2) The sum of N30,000,000.00 (Thirty million Naira) being general damages for the wrongful refusal to release to the claimants the said (sic) original deed of lease in possession of the defendant dated 9th day of February, 1979 and registered as No. 17 at page 17 in vol. 563 of the Lands Registry in the office at Benin Cit…