IGNATIUS IGWE AGUBE, J.C.A. (Delivering the Leading Judgment): This is an Appeal against the Judgment of His Lordship, Honourable Justice U. D. Ogwurike of the High Court of Justice Imo state of Nigeria Holden at Owerri Judicial Division which Judgment was delivered on Tuesday the 1st day of February, 2005 granting the plaintiff (now Respondent's) Reliefs (a), (b) and (c) of the particulars of Claim.
It would be recalled that the Respondent as plaintiff in the Lower court by her Further Amended statement of claim contained in pages 139 to 144 of the Record of Appeal dated 25th day of June, 2003, claimed then from the Defendants jointly and severally in paragraph 10 thereof as follows:
"(a) Declaration that the Plaintiff and the 1st Defendant on record are joint owners of the property Plot WB85A Road 8, Federal Housing Estate, Trans-Egbu Road, Owerri.
"(b) Order of the Honourable Court to the effect that the purported sale of the aforementioned property by the 1st Defendant on record t…