TOYOTA (NIG) LTD
V.
MICHELIN (NIG) LTD & ORS
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 …