CHUKWU CONSTRUCTION COMPANY LIMITED V. I.O. UWECHIA

PATS-ACHOLONU, J.C.A. (Delivering the Leading Judgment): This appeal arose from the decision of the learned trial Judge in the court below in an action in which the Plaintiff now the Respondent claims as follows:-

1. "The Plaintiff's claim against the Defendant is for the specific performance of an agreement entered into between the months of March, 1978 and May, 1978 whereby the Defendant agreed in consideration of the sum of N25,000.00 (Twenty-Five Thousand Naira) to sell to the Plaintiff the Land known as and called Ohiamini Mbiameli situate at number (9B) Trans Amadi Road, Port Harcourt.

2. The Plaintiff also claims a declaration that he is the person entitled to be granted a statutory right of occupancy in respect of that part of the land known as Ohiamini Mbiameli known as 9B, Trans Amadi Industrial Area Road at that part of Port Harcourt formerly known as Silver Valley.

3. Such consequential orders as the Court may deem it fit to make."

In synopsis, the facts of the Plaintiff/…