ADZIRA GANA MSHELIA, J.C.A. (Delivering the Leading Judgment): This is an interlocutory Appeal against the ruling of the Federal High Court delivered by Okeke J. on February 18th, 2003 wherein she discharged an Ex-parte order made on 27th January, 2003 on the ground that the order had elapsed by effluxion of time.
The Plaintiff now appellant brought an action by way of originating summons at Federal High Court Lagos claiming the following reliefs:-
"i. A declaration that the 1st Defendant having taken over the 3rd Defendant's debt/liability to the Plaintiff to which the 1st Defendant has part performed; is bound by law to honour and perform all obligations entered thereto.
ii. A declaration that the 1st Defendant having defaulted in the payment of the sum of N250 million monthly installment in the cumulative sum of N1.750 billion has breached the agreement entered into with the Plaintiff.
iii. An order for specific performance of the agreement reached between the 1st Defendant and th…