GEORGE OLADEINDE SHOREMI, J.C.A. (Delivering the Leading Judgment): This is an appeal against the Ruling of a Benin High Court delivered on 8/3/2001. The Respondent then Plaintiff in the High Court took out a wit against the Appellant then defendant wherein the Respondent claimed as follows:
"WHEREOF the Plaintiff claims against the Defendant as follows:-
(a) A declaration that the Plaintiff is not in anyway owing the Defendant, particularly on his personal Account, Account No. 54666 with the First Bank Plc Agbor Branch transaction in this matter.
(b) An order of perpetual injunction restraining the Defendant, its Agents and privies from harassing or intimidating the Plaintiff or coercing him to sell his house lying and situate and known as No. 25 Okabere Road, Upper Sokponba, Benin City to offset any alleged indebtedness.
(c) An order of perpetual injunction restraining the Defendant its Agents and privies from selling the Plaintiff's said house or in anyway doing anything whatsoever…