KUMAI BAYANG AKAAHS J.C.A, (Delivering the Leading Judgment): The issue in tile preliminary objection or 5th respondent to this appeal is whether a plaintiff who was granted the alternative claim and awarded damages has a right to appeal against the main claim.
On the other hand the complaint of the appellant is that an order of specific performance should have been ordered once the learned trial Judge round that the sale of the disputed house to him was valid and that the 1st defendant acted as agent of the 2nd defendant.
The plaintiff took out a Writ of Summons and claimed in paragraphs 24, 25, 26 and 27 of the Further Amended Statement of Claim the following reliefs:-
"24 Specific performance against the 2nd defendant of the contract made the 10th day of July 1995 between the 1st defendant as agent of the 2nd defendant and his other three sisters and the plaintiff for the assignment of a landed property at SW7/43 Oke-Bola, Ibadan measuring 814.16 Square yards and as delineated in …