TOM SHAIBU YAKUBU, J.C.A. (Delivering the leading Judgment): This appeal is against the judgment of the Delta State High Court of Justice, holden at Effurun, which was delivered on 16th May, 2001. The respondent had claimed at paragraph 20 of his Further amended statement of claim, the following reliefs:-
"(a) A declaration that the Plaintiff is the person entitled to the ownership and possession of the landed property lying being and situate at Adiwhe Bush near Warri/Sapele Road Effurun now known and called No. 17B Okoloba Street, Effurun, Delta State, Nigeria a place within the jurisdiction of this Honourable Court and more particularly described in a Survey Plan No. MWC/992D/78 and which said property was demised to the Plaintiff by the Defendant by virtue of a Deed of Assignment Or
(b) Or in the alternative, plaintiff seeks an order of the Honourable court compelling the Defendant to specially perform the terms of the Deed of Assignment entered into by her and the Plaintiff.
(c) An o…