This is an appeal against the judgment of the Court of Appeal, Lagos Division, delivered on 31/12/2013, unanimously dismissing the Appellant's claim and affirming the judgment of the High Court of Lagos, delivered on 6/5/2005.

The Appellant, a transport company and a tenant of the 1st-4th Respondents, sued them at the trial High Court claiming an order of specific performance of the agreement for the sale of the property to her situate at No. 1, Ikorodu Road, Jibowu, Yaba, Lagos.

The 1st-4th Respondents' defence was that they went into another transaction because the Appellant failed to consummate the transaction and that warranted the 1st-4th Respondents' decision to sell the land to the 5th Respondent.

The 5th Respondent in this appeal counter-claimed for an order of declaration that he is the rightful owner of the property in question by virtue of the transaction between him and 1st-4th Respondents, amongst other reliefs.

At the end of the trial, the Court held that the 5th Respondent is the rightful owner of the property by virtue of his transaction with the 1st -4th Respondents and entitled to the right of occupancy in respect of the said property and dismissed the Appellant's claim.

Dissatisfied, the Appellant appealed to the Court of Appeal and the Court below unanimously dismissed the appeal and affirmed the judgment of the High Court. The Appellant has further appealed to this Honourable Court.