This is a further appeal from the judgment of the Court of Appeal given on 9/6/95 wherein the appeal of the present Appellant to that Court was dismissed and the judgment of the trial High Court was affirmed.

The Plaintiff Mrs. Abigael Uchendu had sued the Rivers State Housing and Development Authority, the Attorney-General of River State and Dr. N.A Iragunima as 1st, 2nd, and 3rd Defendants respectively, claiming, as per paragraph 31 of her amended Statement of Claim, as follows:

Pleadings having been filled and exchanged the matter went to trial upon the Plaintiff’s amended Statement of Claim and the Statements of defence of the 2nd and 3rd Defendants respectively. The 1st Defendant did not file any pleading. At the trial evidence was given in support of Plaintiff’s case; the Defendants did not adduce any evidence but rather rested their case on that of the Plaintiff. In effect they did not deny any of the evidence given by the Plaintiff and her witness, James Okoro. The learned trial Judge, in a reserved judgment found Plaintiffs case proved and granted the reliefs sought.

Dissatisfied, the 3rd Defendant appealed to the Court of Appeal which dismissed the appeal. He further appealed to the Supreme Court, joining the 1st and 2nd Defendants to the Plaintiff as co-Respondents.