ISTIFANUS THOMAS, J.C.A. (Delivering the Leading Judgment): The appeal is against the decision of N. Ndu, as he then was Judge, of Rivers State High Court delivered on 12th November, 1999 where in the plaintiff [but now to be simply referred to as the appellant] claims were dismiss in their entirety.
The appellant's claim at the lower court are as follows:-
28 "[a] A declaration that there is a subsisting contract of sale of No. 54 Circular Road, otherwise called Block 13, 5th Street, Flat 6, Elekahia Housing Estate, Port Harcourt between the Plaintiff and the 1st Defendant sometime between 7th February, 1991 and 9th January, 1992.
[b] A declaration that the purported sale of the property No. 54 Circular Road, Elekahia Housing Estate Port Harcourt by the 1st Defendant to the 2a Defendant Mr. Innocent Wobidi is null, void and of no effect and afortiori.
[c] An Order for the 5th Defendant to produce and deliver in Court the sale agreement dated 1st February 1992 and registered as No. 64…