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The appellant instituted an action via a writ of summon and statement of claim, as claimant, against the respondents, as defendants, in the High court of Lagos State (trial court), claiming an order for a declaration that pursuant to the contract between the 2nd appellant and the 1st respondent for option to purchase and the first right of refusal on the sale of the 1st respondent’s property, the 1st respondent is bound to sell the said property to the 2nd appellant and not to the 2nd respondent at the price of N40 million it was offered to the 2nd appellant or at the price of N45 million it was allegedly offered to the 2nd respondent; a declaration that neither the 1st respondent nor the 2nd respondent is entitled to apply for the registration with the 3rd respondent in the name of the 2nd respondent of the title to the said property; an order setting aside the purported sale of the said property to the 2nd respondent by the 1st respondent inter alia on the ground of fraud; an order of specific performance of the aforesaid contract; an order of perpetual injunction protecting the 2nd appellant’s rights over the aforesaid property in tandem with the declaratory reliefs and the order for specific performance.
Pleadings were exchanged between parties, and the trial court after evaluating the evidence and considering the written addresses for and against the action, saw no merit in the suit and dismissed the action in its entirety.
Dissatisfied with the decision of the trial court, the appellants filed an original notice of appeal and another notice of appeal, all within time, challenging the trial court’s decision.