GALADIMA JCA (Delivering the Lead Judgment): This is an appeal against the judgment of Olorunnimbe (J) of the High Court of Lagos State, Ikeja, delivered on the 19th day of July, 1996. The appellant herein was the plaintiff, whilst the respondent was the defendant, at the lower court. In his writ of summons, the plaintiff claimed for a declaration in substance that there was no legally binding contract of sale of his 3 - storey building at No. 5, Ayeni Street, Agege, Lagos, to the defendant. There was also a claim for perpetual injunction to restrain the defendant from unlawfully ejecting the plaintiff or disturbing the peaceable possession of the said property.
The defendant filed a defence and counter-claimed for specific performance of the contract of sale of the house to the defendant.
Pleadings were exchanged at the lower court and the matter went on full trial. Both counsel addressed the court. Judgment was delivered infavour of the defendant on his counter-claim and the plain…