M. A. OWOADE J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of the Hon. Justice Michael Edem delivered on the 4th of February, 2005 in suit No. HC/176/2002. The Appellant herein was Plaintiff in the lower court and had instituted the action by a writ of summons dated and filed on 15/4/2002. By her statement of claim dated and filed on 27/5/2002, the Plaintiff claims against the Defendant for:
(1) A declaration that the building and premises situate at No. 12 M.C.C. Road, Calabar contained in Certificate of Occupancy registered as No. 35 at page 35 in volume 199 of the Lands Registry office at Calabar is the joint property of the Plaintiff and the Defendant.
(2) A declaration that the Defendant cannot sell or transfer the said building and premises to any person without the consent of the Plaintiff.
(3) An order of injunction restraining the Defendant by himself, his servants, agents, and assigns from dealing with the premises adversely against the Pla…