RUEBEN EKWUNIFE V. BENJAMIN NGENE

CHUKWUMA-ENEH, J.C.A.(Delivering the Leading Judgment): The summary of the claim in this matter brought by the plaintiff(now appellant) against the defendant (now respondent) at the lower court i.e. the 105 High Court is as set forth in the last paragraph of the Statement of Claim dated 5/10/89 as follows: "Wherefore the plaintiff claims:

(1) Specific performance of the said agreement.

(2) And an order that the defendant perfects the said Sale'.

Responding to the Statement of Claim, the defendant filed his defence and therein counter-claimed for the sum of N50,000.00 particularised thus: Loss of earnings - N24,050.00 and general damages - N25,950.00. The subject-matter was a land transaction that concerned a parcel of land situate at Bauchi Bye Pass Jarawa Jos. No defence was filed by the plaintiff to the counter-claim. After several adjournments - on 6/10/93 the matter was at the instance of the appellant and his counsel adjourned to 29/11/93 for hearing - on which date, the appellan…