MOJEED ADEKUNLE OWOADE, J.C.A. (Delivering the Leading Judgment): This is an interlocutory Appeal by the Appellants (who are the 1st and 2nd Defendants before the Court below) against the decision/ruling of the Kwara State High Court of Justice in Suit No: KWS/137/2016 delivered by Honourable Justice I.A. Yusuf on the 10th day of November 2016.
Therein, the Court below dismissed the Notice of preliminary objection of the Appellants challenging the competency of the Suit and the jurisdiction of the Court to entertain same.
By a Writ of Summons and Statement of Claim filed on 17th May 2016, the 1st Respondent as Claimant took out this action against the Appellants as 1st and 2nd Defendants and one ALHAJI Akeem Busari as 3rd Defendant.
The 1st Respondents claims against the Appellants and the 3rd Defendant are as follows:
i. AN ORDER OF SPECIFIC PERFORMANCE directing the 1st defendant to execute the deed of transfer on his landed property situate and lying at No. 43 Igbaja Road, Gaa Akanbi, …