SOTONYE DENTON WEST, J.C.A., Delivering the Leading Judgment: The Respondent in this Appeal who was the Plaintiff in the High Court of Lagos State, claimed in that Court as per its Writ of Summons and Amended Statement of Claim, for:-
1) An Order for the specific performance of the agreement between the Plaintiff and the Defendant (i.e) that the Defendant should forthwith deliver the Certificate of Occupancy in respect of the property at No. 22, Akinbaiye Street, Isolo, Lagos to the Plaintiff.
2) The total debt of the sum of N844, 207: 06k as at the 17th June 1992.
3) 15% interest on the total sum owed from 29 January 1985 until judgment and 10% thereafter until the entire judgment debt is obtained.
4) Cost as this Honorable Court may deem fit and proper to award in the circumstance.
The Respondent also filed an Application in the lower court for Summary Judgment under Orders 10 and 11, Rules 1 and 2 of the High Court of Lagos State Civil Procedure Rules of 1972 and under the inherent…