<p><strong>KUTIGI, JSC</strong> (Delivering the Leading Judgment): The plaintiff in paragraph 14 of her statement of claim which superceded the writ of summons, claims as follows:-</p><p> &quot;Wherefore the plaintiff claims against the 1st defendant and 2nd defendant jointly and severally for -</p><p> (a) Declaration that the purported sale of property situated at No. 155 Niger Street, Port-Harcourt by the 1st defendant to the 2nd defendant is null and void.</p><p> (b) An order of court rectifying the said sale.</p><p> (c) An injunction restraining the 2nd defendant, his agents, servants or privies from tampering with the said property or any part thereof.&quot;</p><p> The defendants filed their statement of defence separately. The 2nd defendant counter-claimed against the plaintiff.</p><p> Thereafter the 2nd defendant by motion on notice prayed the court for the following reliefs.</p><p> &quot;1. An order setting down for hearing the point of law raised by the 2nd defendant in paragraphs 15(i) and (ii) of his , statement of defence before trial;</p><p> 2. An order dismiss…</p>