S. U. ONU, J.S.C. (Delivering the Leading Judgment): This is an appeal against the Ruling of the Court of Appeal (Port Harcourt Division) hereinafter referred to shortly as the court below, dated 24th May, 1995, refusing the Plaintiff/Appellant's application to argue new points of law not hitherto argued in the High Court.
The facts of this case which are straight forward enough, may be summarised briefly as follows:
The Plaintiff/Appellant claimed in Suit PHC/139/83 in the Port Harcourt (Rivers State) High Court among other reliefs, a declaration that the purported sale of his buildings situate at Plot 2, Block 260 - Wobo Layout, Diobu known as No. 61 Ikwerre Road, and registered as No. 36 at page 36 in volume 280 at the Lands Registry, Enugu now kept at Port Harcourt, to the 2nd Defendant (herein 2nd Respondent) is unconstitutional, and null and void, and an account of any monies received by the 2nd Respondent as rents from the tenants of the premises and payment over to the Appella…