OGEBE, JCA (Delivering the Lead Judgment): The appellant company sued the respondents in the High Court of Rivers State claiming as per paragraph 18 of the statement of claim as follows: “18. Wherefore the plaintiff claims against the defendants jointly and severally as follows:-
A declaration that the contract of sale of the property A known as and called Plot 35 Elechi Layout Port Harcourt (sic) and to issue in favour of the plaintiff a certificate of occupancy in respect of the said property made partly oral and partly in writing between the defendants as vendors of the one part and the plaintiff as purchaser of the other part is still valid and subsisting. A perpetual injunction restraining all the defendants by themselves specific performance of the said contract.
A declaration that the plaintiff is entitled to a statutory certificate of occupancy in respect of the said property on payment of the full purchase price. Their servants workmen and agents or otherwise however from ali…