THOMAS JCA (Delivering the Lead Judgment): The appeal is against the judgment of Okor J, delivered on 2nd February 1998, at Port Harcourt High Court. The plaintiff/appellant’s claim before the trial court was as follows:-
“1. The declaration that the purported sale, transfer or assignment of the piece or parcel of land and the building there known as and called No. 183 Ikwerre Road, Mile 3 Diobu, Port Harcourt, Rivers State by the first defendant to the second defendant is null and void and of no effect.
2. Injunction restraining the defendants, their servants, agents or workers from unlawfully ejecting the tenants occupying the said No. 183 Ikwerre Road, Mile 3, Diobu, Port Harcourt or demolishing the said No. 183 Ikwerre Road, Mile 3, Diobu, Port Harcourt.”
The suit was instituted in a representative capacity. The plaintiff/appellant testified as PW1 and called four other witnesses and were cross-examined. The 1st defendant/respondent did not testify, but 2nd defendant/respondent …