D. A. R. ALEXANDER, C.J.N. (Delivering the Leading Judgment): In the High Court of the former East Central State holden at Onitsha (Agbakoba J.) the Respondents claimed from the Appellant, as follows:
(1) An account of the moneys received from the said property (i.e. the building known as 54 Moore Street Onitsha) since January 1971.
(2) An order for the payment by the Defendant to the Plaintiff of the amount due to the Plaintiff on the taking of such accounts.
(3) An injunction restraining the Defendant, his Agents and/or his servants from collecting any money from the said property. The background to this claim as appears from the evidence of the Respondents which the learned trial Judge, in the Court below, accepted may be summarised thus:
In 1935 the Mgbelekeke family of Onitsha acknowledged the father of the Respondents as Kola tenant in respect of the parcel of land at 54 Moore Street Onitsha in succession to one Peter Akor who surrendered his tenancy in that year to the said fam…