BASSEY NELSON ISONG V. MR. EDEM B. UMOREN

ORJI-ABADUA, JCA (Delivering the Leading Judgment): The proceeding leading to this appeal was commenced on 8 July 1998 by way of a writ of summons filed in Suit No. HU/211/98 by the respondent against the appellant and one Francis Edet Okon at the High Court of Akwa Ibom State, sitting at Uyo, in the statement of claim filed on 10 September 1998, the respondent sought against the defendants jointly and severally as follows:

“(a) A declaration that the equitable mortgage between the plaintiff and the 1st defendant is still valid and subsisting.

(b) A declaration that the purported sale of the property being No. 7 Calabar Street, Uyo between the 1st and 2nd defendants is null and void and as such the 2nd defendant cannot exercise any act of ownership over same.

(c) An order of specific performance of the contract against the 1st defendant to pay to the plaintiff the sum of one hundred and seventy-four thousand, three hundred and seventy-five naira (N174,375.00) with interest on the said su…