UDO UDOMA, J.S.C. (Delivering the Leading Judgment): This is an appeal from the judgment of the High Court of South Eastern State holden at Calabar. In Suit No. C/49/1969 the plaintiff, herein respondent, claimed against the defendant also, herein appellant, "recovery of possession of a piece of land at No. 35 Webber Street, Calabar." Throughout this judgment, the terms "plaintiff" and "defendant" respectively will be retained wherever applicable.
Pleadings were ordered and duly filed and delivered.
As our decision in this appeal must, of necessity, turn on the pleadings in relation to the evidence led and considered by the learned trial Judge, we consider it necessary to set out in some detail certain parts of the pleadings which were filed and relied upon by both the plaintiff and the defendant. For this purpose we consider only paragraphs 1, 2, 3, 5 and 7 of the statement of claim and paragraphs 3, 4, 5 and 9 of the statement of defence relevant and sufficient.
In paragraphs 1, 2, …