ACMEL NIGERIA LIMITED & ANOR V. FIRST BANK OF NIGERIA PLC & ORS

SAMUEL CHUKWUDUMEBI OSEJI, J.C.A. (Delivering the Leading Judgment): This appeal is against the judgment of the High Court of Lagos State delivered on the 13th day of October 2010 by Hon.Justice K.O. Alogba wherein the claim was dismissed while the counter-claim was granted in part.

1.1. By their Amended Writ of Summons and Statement of Claim dated 22nd July, 2008, the Claimants claimed against the 1st -3rd Defendants jointly and severally for:

"a) AN ORDER of Specific Performance compelling the 1st Defendant to execute the contract of sale and Assignment of property situate and known as plot 6G Cappa Estate Maryland, Lagos in favour of the Claimants in the suit herein.

"b) AN INJUNCTION restraining the 2nd and 3rd Defendants their Agents, Servants and/or privies from interfering in any way whatsoever with the sole transaction of Plot 6G, Cappa Estate, Maryland, Lagos between the 1st Defendant and the Claimants.

"c) AN ORDER of perpetual injunction restraining the Defendants whether …