AMINA ADAMU AUGIE, J.C.A. (Delivering the Leading Judgment): This appeal turns on a narrow issue - whether Judgment ought to have been given at the pre-trial stage of the proceedings at the Lagos State High Court, wherein the Respondent, who was the Claimant, had claimed as follows -
i. A Declaration that by virtue of the Application Form and various payments made to the Defendants in respect of the Four (4) Bedroom terraced house at NASCO Town Plc, which was not delivered, the Claimant is entitled to a refund of the entire sum of N12,760,000 as at 4th June, 2006.
ii. The sum of N12,760,000 jointly and severally against the 1st and 2nd Defendants as at 4th June, 2006, the said sum being the amount paid to the Defendants.
iii. Interest on the said of N12,000,000 at the rate of 21st per annum until judgment is entered in this suit and thereafter at the rate of 15% per annum until the entire sum is fully liquidated.
iv. Cost of this action.
At every turn in the proceedings, the Appellant…