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AMIRU SANUSI J.C.A. (Delivering the Leading Judgment): This is an appeal against the decision of Delta State High Court of Justice (hereinafter referred to as "the lower court") delivered on 4th of May, 2009 in two consolidated suits Nos. UHC/115/2004 and UHC/19/2005. At the lower court, the appellant herein as plaintiff, instituted the first suit against the defendants, herein identified as the first set of respondents claiming the underlisted reliefs:-
"1. A DECLARATION that the plaintiff is entitled to the conveyance of ALL THAT piece of or parcel of land measuring approximately by 100ft by 50ft lying and situate and being at or known as No.181 Ughelli/Patani Road, Ughelli, Delta State of Nigeria within the jurisdiction of this court.
2. A DECLARATION that any purported sale, transfer, assignment or alienation to any person or persons of the aforesaid piece or parcel of land is null, void and of no effect whatsoever.
3. AN ORDER OF SPECIFIC PERFORMANCE compelling the 1st defendant …