This is an appeal against the judgment of the Court of Appeal. Enugu Division ('the court below for short) delivered on February 23rd, 2006 which affirmed the judgment of Awogu. J. (as he then was) delivered on 6th July, 1987 at the High Court of Anambra State. Onitsha.

It is apt to state the facts of this matter briefly. The respondent was allocated a state land at Otumoye Creek Road, Fegge, Onitsha in 1965. The land was registered as 80/80/648 and referred to as Exhibit 'ET. The respondent sold a portion (2/5th) of same to the appellant who paid five hundred pounds as consideration. He started to develop same pending the execution of an assignment to him by the respondent with the consent of the Governor or appropriate authority. In 1978, the State Government stopped all construction works on the land and invited application for compensation for works clone on the plot - exhibit 'B'. The sum of N2. 500.00 paid by the Government for compensation was paid into the Court's Registry. In March 1979, the Government revoked the State Building Lease and allocated to the respondent another piece of land - plot R/81 at Niger Bridge Head. Onitsha registered as 37/37/1061 which is referred to as exhibit A. The appellant showed interest in exhibit A. During negotiation, the respondent asked for N60.000.00 which was later reduced to N30.000:00. The appellant who did not pay same, entered into exhibit “A” against the wishes of the respondent and commenced construction. The respondent sued the appellant for trespass, damages and injunction. The appellant, in his defence counter-claim for specific performance as he contended that the respondent's constructive trusteeship in respect of exhibit B got transferred to the new plot R/81 - exhibit A.

The learned trial Judge garnered evidence and was properly addressed by respondent were granted while the appellant's counter-claim for specific performance was dismissed. The appellant's appeal to the court below was dismissed on February 26th, 2006. This is a further appeal to this court.

On January 31st, 2011 when the appeal was heard, learned counsel for the appellant adopted the appellant's brief of argument as well as appellant's reply brief of argument and urged that the appeal be allowed. In the same fashion, learned counsel for the respondent adopted the respondent's brief of argument and urged that the appeal be dismissed.