CHIEF BARR. UWAOMA IRONKWE V. MRS. VICTORIA IWORIFAMAMA OCKIYA-JACKSON

MUHAMMAD IBRAHIM SIRAJO, J.C.A. (Delivering the Lead Judgment): At the High Court of Rivers State sitting at Port Harcourt (the lower Court), the original, now deceased Respondent, as Claimant, commenced an action by way of a Writ of Summons in Suit No. PHC/1894/CS/2020, filed along with a Statement of Claim on the 20th day of August, 2020, copied at pages 1-80 of the Record of Appeal, wherein he claimed against the Appellant as follows:

1. A Declaration that the Defendant acted illegally and unlawfully by representing himself to the Claimant as an Auctioneer of Diamond Bank Plc (now Access Bank Plc) authorized to sell the Claimant's property at No. 4 Circular Road, Presidential Estate, Port Harcourt, used as collateral to guarantee a loan by Tony Dart Bass Company Limited by promising not to effect the sale and to act to stop the interest and cap it at ₦80,000,000.00 (Eighty Million Naira) only knowing same not to be true thereby exercising undue influence and duress on the Claimant caus…