Facts:

The appellant company Help (Nigeria) Limited (as plaintiff) sued the respondent Company, Silver Anchor (Nigeria) Limited (as the defendant) claiming for specific performance of a contract of sale agreement entered into by the parties for the sale of the defendant’s property in Victoria Island or in the alternative, special and general damages for breach of contract and refund of the part payment/deposit made by the plaintiffs for the purchase of the property.

The trial court dismissed the plaintiff’s claim but ordered that the part payment/deposit be refunded to the plaintiff with interest. The plaintiff being dissatisfied with the decision of the trial court appealed to the court of appeal which allowed the plaintiff’s appeal setting aside the decision of the lower court but refused to grant the plaintiff specific performance as well as damages.

Dissatisfied with the decision of the Court of Appeal, the plaintiff further appealed to the Supreme Court.