MRS. ABOSEDE DAUDA V. LAGOS BUILDING INVESTMENT CO. LTD & 3 ORS.

PAUL ADAMU GALINJE, J.C.A. (Delivering the Leading Judgment); The appeal herein is against the decision of Candide-Johnson, J. of the Lagos State High Court, which was delivered on the 25th day of January, 2008.

The Appellant, who was the Plaintiff at the lower Court, claimed before that Court in her amended writ of summons and amended statement of claim both dated and filed on the 27th April, 2004 the following reliefs: -

"(a) An order of specific performance directing the Defendants, jointly and severally, to deliver to the Plaintiff, vacant possession of Flat SA, Block 22E at the Lekki Jubilee Housing Estate, Lagos State allocated to the plaintiff by the 2nd Defendant vide the 2nd Defendant's letter bearing Ref. No. SR.666/DC/JHC/3 dated the 22nd day of November, 1996, within thirty days from the date of delivery of judgment in this suit failing which the Defendants shall jointly and severally, forthwith pay the sum of N3,000.000.00 to the Plaintiff.

(b) AS AN ALTERNATIVE to the r…