KUTIGI, JSC (Delivering the Leading Judgment): The plaintiff in paragraph 14 of her statement of claim which superceded the writ of summons, claims as follows:-
"Wherefore the plaintiff claims against the 1st defendant and 2nd defendant jointly and severally for -
(a) Declaration that the purported sale of property situated at No. 155 Niger Street, Port-Harcourt by the 1st defendant to the 2nd defendant is null and void.
(b) An order of court rectifying the said sale.
(c) An injunction restraining the 2nd defendant, his agents, servants or privies from tampering with the said property or any part thereof."
The defendants filed their statement of defence separately. The 2nd defendant counter-claimed against the plaintiff.
Thereafter the 2nd defendant by motion on notice prayed the court for the following reliefs.
"1. An order setting down for hearing the point of law raised by the 2nd defendant in paragraphs 15(i) and (ii) of his , statement of defence before trial;
2. An order dismiss…