On the 30th day of January 1996, this court unanimously in a considered judgment confirmed the judgment of the High Court of Rivers State Port Harcourt delivered by Hon. Justice F. N. N. Ichoku on the 30th day of October 1992 wherein in the said judgment the said High Court granted an order of specific performance against the 1st Defendant company hereinafter referred to in this ruling as 1st Appellant/Applicant to honour the contractor sale entered into by the parties for the sale of plot 121/122 Trans Amadi Industrial Layout Port Harcourt Rivers Stale which property was registered as No. 40 at page 40 in Volume 20 of Land Registry in the office at Port Harcourt, Rivers State and which land is more particularly delineated on Plan attached to a deed of lease dated 23rd May 1974.

The High Court also granted an order against the 1st Applicant to execute in favour of the Plaintiff hereinafter referred to in this ruling as the Respondent a deed of Assignment of the residue of the term unexpired which term was granted to the 1st Applicant by the aforementioned deed of lease dated 23rd May, 1974.

Finally the High Court also granted an order that the 2nd Defendant/ Appellant, henceforth referred to in this ruling as the 2nd Appellant/Applicant to vacate the premises of the Respondent which the 2nd Applicant now occupied in violation of an existing court order dated 24th April, 1991.

The applicants were dissatisfied with the judgment of the Court of Appeal, and therefore sought leave to file an appeal to the Supreme Court and also a stay of execution of the judgment of the Court of Appeal affirming the judgment of the High Court. The respondent opposed the application on the ground, inter alia that the applicants are in contempt of the order of court granting the respondent possession of the property and that the grounds of appeal are not recondite in that they mainly complain against evaluation of facts.