LEQUEL ENGINEERING (NIGERIA) LIMITED V. GOVERNOR OF RIVERS STATE OF NIGERIA THE ATTORNEY-GENERAL OF RIVERS STATE OF NIGERIA THE RIVERS STATE HOUSING AND PROPERTY DEVELOPMENT AUTHORITY GREATER EVANGELISM WORLD CRUSADE CHURCH
(2001) JELR 54267 (CA)
Court of Appeal
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CA/PH/270/98
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27 Nov 2001
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Nigeria
Coram
JAMES OGENYI OGEBE, JCA (Presided and Read the Lead Judgment) MICHAEL ARUOMA AKPIROROH, JCA ABOYI JOHN IKONGBEH, JCA
Appearances
Chief C.A. B. Akparanta (with him, C. Ellah and F. Brown) - for the Appellant.
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E. B. Peter-Kio - for the 4th Respondent.
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R.N. Godwins Esq. Asst. Director of Civil Litigation, Ministry of
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Justice, Port Harcourt - for the 1st - 3rd Respondents.
Judgement
<p><strong> OGEBE, JCA (Delivering the Lead Judgment): </strong> The appellant company sued the respondents in the High Court of Rivers State claiming as per paragraph 18 of the statement of claim as follows: β18. Wherefore the plaintiff claims against the defendants jointly and severally as follows:-</p><p>A declaration that the contract of sale of the property A known as and called Plot 35 Elechi Layout Port Harcourt (sic) and to issue in favour of the plaintiff a certificate of occupancy in respect of the said property made partly oral and partly in writing between the defendants as vendors of the one part and the plaintiff as purchaser of the other part is still valid and subsisting. A perpetual injunction restraining all the defendants by themselves specific performance of the said contract.</p><p>A declaration that the plaintiff is entitled to a statutory certificate of occupancy in respect of the said property on payment of the full purchase price. Their servants workmen and agents or otherwise however from aliβ¦</p>