GALINJE JCA (Delivering the Lead Judgment): The appeal is herein against the decision of Candide-Johnson, J. of the Lagos State High Court, which was delivered on 25 January 2008.
The appellant, who was the plaintiff at the lower court, claimed before that court in her amended writ of summons and amended statement of claim, both dated and filed on 27 April 2004, the following reliefs:
“(a) An order of specific performance directing the defendants, jointly and severally, to deliver to the plaintiff, vacant possession of Flat 5A, Block 22E at the Lekki Jubilee Housing Estate, Lagos State allocated to the plaintiff by the 2nd defendant vide the 2nd defendant’s letter bearing Ref. No. SR.666/DC/ JHC/3, dated 22 November 1996, within thirty days from the date of delivery of judgment in this suit failing which the defendants shall jointly and severally, forthwith pay the sum of N3,000,000.00 (three million naira) to the plaintiff.
(b) As an alternative to the relief sought in paragraph (a)…