MUSDAPHER, J.S.C. (Delivering the Leading Judgment): In the High Court of Justice of Borno State of Nigeria, in the Maiduguri Judicial Division and in suit No. M/391/94, the plaintiff claimed against the defendants as follows:
(a) An order for specific performance compelling the defendants jointly and severally to conclude the agreement for assignment in respect of property situate and lying at No. 4A Ahmadu Close, Damboa Road, GRA, Maiduguri between the plaintiff and the defendants by delivering of the title deeds and the physical possession of the said property to the plaintiff. Or in the alternative - An order for the repayment to the plaintiff the sum of N625,000.00 by the defendant being the sum collected by the defendants from the plaintiff as consideration for the assignment of the said property. N50,000.00 general damages for the breach of contract.
(b) The cost of the suit."
The five defendants mentioned in the suit included the respondent herein Mr. A. D. Ogunmola who was t…