ABIMBOLA OSARUGUE OBASEKI-ADEJUMO, J.C.A.(Delivering the Leading Judgment): This is an appeal against the Ruling of the High Court of Lagos State, Per Williams J., delivered on the 17th day of September, 2014.
The brief fact of the case before the trial Court is that the Respondent, desirous of acquiring a private property within Eric Moore Estate, Surulere, Lagos approached the Appellant in respect of a property known as Block S House 4, Royal Estate, Phase 1, Eric Moore Surulere, Lagos. At the conclusion of negotiations between the Appellant and Respondent, the Appellant issued an offer letter to the Respondent who subsequently made a fifty percent down payment of N20,000,000.00 (Twenty Million Naira) with a further payment of N22,000,000.00 (Twenty - Two Million Naira). The Respondent then alleged that after receipt of the said money, the Appellant became evasive for several months and refused to let the Respondent into the property as promised.
When it became apparent that there was…