BADA JCA (Delivering the Lead Judgment): This is an appeal against the judgment of the High Court of Anambra State holden at Onitsha Judicial Division, delivered on the 4th day of March, 1996 in suit No. 0/101/87: Gilbert Nnadike and 1 other [suing as Administrators of the estate of Sylvester Nnadike (deceased)] v. Jude Afamefuna Nwachukwu.
The respondents as plaintiffs in the court below had by an amended statement of claim against the appellant as defendant claimed for the following reliefs:-
“(1) A declaration that the defendant is a trustee for the plaintiffs as administrators of the estate of Sylvester Nnadike (deceased) in respect of the leasehold situate at Plot 8 in Block 24, Nupe Settlement and otherwise known as No. 35, Miss Elems Street, Fegge, Onitsha, and registered as No. 54 at page 54 in volume 63 in the Lands Registry, Enugu.
(2) Specific performance by the defendant of his contract and or agreement to assign his said leasehold property to the plaintiffs for the be…