HELEN MORONKEJI OGUNWUMIJU, J.C.A.(Delivering the Leading Judgment): This is an appeal against the judgment of His Lordship Justice C. B. U. Wogu J. of the High Court of Abia State delivered on the 14th of April, 2003 granting the 1st set of reliefs contained in the statement of claim. Another appeal had been lodged given the No. CA/PH/81B/2005. The latter is an interlocutory appeal against the order for stay of execution pending the outcome of the substantive appeal. CA/PH/81B/2005 has been adjourned sine die since the substantive appeal has been taken.
The facts that led to this appeal are as follows:
The Plaintiff at the lower court now Respondents herein had sued the Defendant now Appellant by their amended statement of claim dated 23/6/2000 for the following reliefs:
(a) Specific Performance of the said contract of Agreement.
(b) N=100,000.00 (One hundred thousand Naira) being loss and general damages.
(c) An Order of injunction restraining the defendants, their agents, servants,…