KEKERE-EKUN JCA (Delivering the Lead Judgment): This is an appeal against the judgment of the High Court of Rivers State, Port Harcourt
Division in consolidated Suit Nos. PHC/225/93 and PHC/826/93 delivered on 30 July 1999, wherein the court granted the reliefs sought by the plaintiff (respondent in this appeal) and dismissed the defendant’s (appellant in this appeal) cross-action.
By a writ of summons dated 15April 1993 and filed on 20April 1993 the respondent herein as plaintiff sought the following reliefs against the appellant herein as defendant:
A declaration that the plaintiff is the owner in equity of the property situate at No. 82 School Road, Mile 3, Diobu, Port Harcourt, havingbought same from the defendant on or about 10 November 1987.
An order of specific performance directing the defendant to execute a legal assignment in favour of the plaintiff, upon obtaining the necessary consents, and to hand over all titles , documents, instruments, etc. to the plaintiff in respect of…