(2018) JELR 38828 (CA)    

Court of Appeal  ·  CA/PH/584/2013 ·  25 Jun 2018 ·  Nigeria
THERESA NGOLIKA ORJI-ABADUA Justice of The Court of Appeal of Nigeria CORDELIA IFEOMA JOMBO-OFO Justice of The Court of Appeal of Nigeria BITRUS GYARAZAMA SANGA Justice of The Court of Appeal of Nigeria
Core Terms Beta
1st respondent
1st defendant
learned trial judge
record of appeal
concluded agreement
old ellah estate
amended writ of summons
exhibit g
senior counsel
consolex legal practitioners
local government area of rivers state
parcel of land
purchase price of n1,100,000,000
trial judge
suit no. phc
1st defendants agent
2nd respondents
exhibits h
grounds of appeal
honourable court
notice of appeal
order of perpetual injunction
order of specific performance
said claimant of the 1st defendants
subject properties
1st defendant exhibit d1
3rd defendant of the 1st defendants interest
3rd respondents exhibit b.
3rd respondents notice of preliminary objection
acceptance of the counter offer
amended appellants brief of argument
claimant exhibit d.
claimants counsel
date of judgment
endorsed writ of summons
exhibit a
exhibit a.
first issue
formal letter of acceptance of the counter offer
high court of rivers state
lands registry office-exhibit a1
lands registry office-exhibit 'a2
material terms of the contract
mr. kayode oluwasade
okafor v nweke
operational circumstances of the 1st defendant change
port harcourt judicial division

BITRUS GYARAZAMA SANGA, J.C.A. (Delivering the Leading Judgment): Before the High Court of Rivers State, Port Harcourt Judicial Division, holden at Port Harcourt the Appellant as Claimant filed an endorsed Writ of Summons dated 23rd April, 2007 in Suit No. PHC/583/2007 against 1st and 2nd Respondents as Defendants. The Claimant later filed an Amended Writ of Summons dated 18th December, 2007 against the three (3) Respondents as Defendants seeking for the following reliefs: -

1: A Declaration that there is subsisting between the Claimant and the 1st Defendant, a Contract for the sale to the said Claimant of the 1st Defendants under-listed landed assets, respectively known and referred to as Old Ellah Estate and New Ellah Estate: -

i) The parcel of land, together with the building and structures erected thereon, lying and situate at Orogbum-Mkpo Elekeohia, Nkpogu Village, Diobu, in the Port Harcourt Local Government Area of Rivers State, covering an area of 5.092 Acres, more particularly …

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