NWALI SVLVESTER NGWUTA, J.S.C. (Delivering the Leading Judgment): By way of Originating Summons issued on 14/12/1998 in the Registry of the High Court of Justice of Kaduna State, Kaduna Judicial Division, the Respondent (then Plaintiff) raised the following questions:
1. Whether the refusal of the defendant in this suit to release the title documents in respect of Plot No. Katuru Road, Sabon Tasha, Kaduna does not amount to a breach of the agreement entered into between the plaintiff and the defendant.
2. Whether the plaintiff is entitled to a refund of the money he paid to the defendant if the defendant is no longer interested in giving effect to the agreement entered into by both parties."
Upon the anticipated favourable answers to the two questions posed, the plaintiff prayed the Court for:
"An order of Court compelling the defendant to release forthwith to the plaintiff all the title deeds in its possession in respect of plot No. 2, Katuru Road, Sabon Tasha, Kaduna.