Facts:

The appellants instituted an action against the respondents seeking declaratory and injunctive reliefs, damages for trespass and specific performance of a contract of sale in respect of a property in Port Harcourt. The respondents counter-claimed against the appellant that the appellants had no interest equitable or otherwise in the property and the 2nd respondent had acquired a valid title to the land from the 1st respondent. The respondents also sought for payment of arrears of rent and recovery of possession of the property in dispute.

The trial court dismissed the appellant’s case in its entirety while the respondent’s counter claim was granted in part. A declaratory Order of entitlement to the property and possession were granted in favour of the respondents. The trial Court however refused to grant payment of arrears of rent. The appellant dissatisfied with the judgment of the trial court dismissing its case appealed. The respondent was also dissatisfied with the trial Court’s refusal to award payment of arrears of rent and cross appealed against the refusal of arrears of rent.