IFEYINWA CECILIA NZEAKO, J.C.A. (Delivering the Leading Judgment): On the 27th of February, 1998, Bdliya, J. sitting at the High Court of justice, Borno State of Nigeria had delivered judgment in an action for specific performance of a contract of auction sale in favour of the plaintiff in the court below. He also awarded the alternative claim, being of the purchase price, damages and interest. The defendants have appealed to this court on 3 grounds. They are the appellants herein and the plaintiff is the respondent.
Parties to the appeal exchanged briefs of argument. The appellants' brief was filed on 23/10/2000. The respondent, having obtained leave of this court on 7/2/2001 to file his brief of argument out of time, and within 7 days from that date, did file the same on 8/2/2001.
At the hearing of the appeal, learned counsel for the appellants adopted their brief of argument and urged the court to allow the appeal. The respondent was not represented however, and this court deemed h…