OWOADE JCA (Delivering the Lead Judgment): This is an appeal against the judgment of the Hon. Justice Michael Edem delivered on 4 February 2005 in suit No. HC/176/2002.The appellant herein was the plaintiff in the lower court and had instituted the action by a writ of summons dated and filed on 15 April 2002. By her statement of claim dated and filed on 27 May 2002, the plaintiff claims against the defendant for: (1) A declaration that the buildingand premises situate at No. 12, MCC Road, Calabar contained in a Certificate of Occupancy registered as No. 35 at page 35 in Volume 199 of the Lands Registry office at Calabar is the joint property of the plaintiff and the defendant. (2) A declaration that the defendant cannot sell or transfer the said buildingand premises to any person without the consent of the plaintiff.
(3) An order of injunction restrainingthe defendant by himself, his servants, agents, andassigns fromdealing with the premises adversely against the plaintiff’s interest…