S. U. ONU, J.S.C. (Delivering the Leading Judgment): This appeal, brought at the instance of the defendant/appellant herein, is sequel to the decision of the Court of Appeal sitting in Port Harcourt coram: A. I. Katsina-Alu and S. O. Uwaifo, JJ.C.A. (as they then were) and S. A. Nsofor J.C.A., dated the 9th day of April, 1998 wherein they allowed the appeal against the judgment of S. E. Charles-Granville, J., who on 24th January, 1995, had dismissed the plaintiffs/respondents' case in suit No. PHC/125/84.
A review of the facts and background of the case is first necessary for a clearer appraisal of the case as follows:
2. The plaintiffs, now respondents, sued the defendant, now appellant, claiming the following reliefs before the Port Harcourt High Court:
"(a) A declaration that the purported sale of plaintiff's building situate at Plot. 99, Borokiri Layout, Port Harcourt, Rivers State and registered as No. 44 at page 44 in volume 366 at the Land Registry, Enugu now kept at Port Harc…