WALTER?SAMUEL?NKANU?ONNOGHEN,?J.S.C. (Delivering Leading Judgment):? This appeal is against the judgment of lower Court in appeal No CA/l/108/98 delivered on the 19th day of December 2005 allow the appeals of the parties herein and ordering a retrial de novo before another Judge. By an amended Writ of Summons the respondent as plaintiff,?claimed the following reliefs against the defendant, now appellant:-
(1) A declaration that the Agreement dated 4th day of April 1992 for an assignment al all that piece or parcel of land covered in part by a Deed or instrument registered as No 31 at page 31 in Volume 8 of the Lands Registry, Abeokuta, executed by the plaintiff and the Defendant is the only valid and subsisting Agreement between both parties.
(ii) A declaration that in so far as the defendant had committed a fundamental breach of the said Agreement, the plaintiff is entitled to treat the said Agreement as at an end.
(iii) An order directing the defendant to return forthwith to the p…