MOJEED ADEKUNLE OWOADE, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of the Akwa Ibom State High Court, Uyo Judicial Division in Suit No: HU/54/2004 delivered by Hon. Justice Philomena Etim on the 5th day of May, 2014.
The Respondent as Plaintiff on the 12th day of February, 2004 took out a Writ of Summons against the Appellant/Defendant then known as First Atlantic Bank Limited claiming as follows:
“(a) An order of specific performance on the Defendant to lease the property of the Plaintiff situate at Aka Road, Uyo, Akwa Ibom State for a period of 20 (Twenty) years at N1,000,000.00 (One Million Naira) per annum renegotiable after the first ten years in terms of the agreement between Plaintiff and Defendant or in the alternative.
(b) N50,000,000.00 (Fifty Million Naira) damages for breach of contract.”
Pleadings were filed and exchanged and at the trial each of the parties called one witness and tendered several documents in support of its case.
The lear…