<p><strong>OGBUAGU, J.S.C. (Delivering the Leading Judgment): </strong>This is an appeal against the decision of the Court of Appeal, Benin Division (hereinafter called the court below) delivered on 29th March, 2001, allowing the appeal by the defendant/respondent to it from the decision of the High Court of Ondo State holden at Akure per Adeloye - Chief Judge, on 25th March, 1996.</p><p> Dissatisfied with the said decision, the appellants who were the plaintiffs in the trial court, and also the cross-appellants in the court below, have again, appealed to this court on twelve (12) grounds of appeal.</p><p> Both in the amended writ of summons and paragraph 53 of the statement of claim, the appellants, claimed from the defendants/ respondents as follows:</p><p> (i) A declaration that the refusal of the defendant to open letter of credit required by the plaintiffs constitutes a breach of the investment and mortgage agreement between the plaintiffs and the defendant. </p><p> (ii) An order of specific performance, that the defendant sho…</p>