MR. NANIE ABAH AND ORS. V. DR. DARU OWEI

GARBA JCA (Delivering the Lead Judgment): The respondent had sued the appellant before the Rivers State High Court, Port Harcourt, vide a writ of summons dated and filed on 15 July 2004 , on which the following claims were endorsed:

1. An order directing the specific performance of the contract (agreement) made between Late Chief Ranami Abah and the plaintiff on or about 8 November 2002, for the sale of the property situate at Plot A/10, Emeyal Street, Diobu G.R.A., Phase 1, Port Harcourt.

2. An order of injunction, restraining the defendants, their agents, privies and cohorts, from alienating the said Plot A/10, Emeyal Street, Diobu G.R.A, Port Harcourt, in any form whatsoever or any part thereof to the detriment of the subsisting interest of the plaintiff thereon.

These claims were repeated at paragraph 18 of the statement of claim filed along with the writ.

The facts that gave rise to the claims by the respondent as given in the statement of claim, are simply that he had orally a…