FOLASADE AYODEJI OJO, J.C.A. (Delivering the Leading Judgment): This appeal is against the Judgment of the High Court of Justice, Ogun State, holden at Ijebu-Ode in Suit No. HCJ/128/2007 delivered on 17th February 2011, wherein the lower Court found in favour of the Respondent who was the Claimant before it. The Appellant who was the Defendant is dissatisfied with the judgment hence this Appeal.
Briefly, the facts of the case before the lower Court are that the Claimant and the Defendant entered into a contract for sale of land for the sum of One Hundred and Twenty Thousand Naira (N120, 000.00). Both parties executed a Land Transfer Agreement which was tendered and admitted in evidence as Exhibit B. The Claimant paid an initial sum of Sixty Thousand Naira (N60,000.00) and was to pay the balance of Sixty Thousand Naira (N60,000.00) after the Defendant must have obtained the Certificate of Occupancy on the land. The formal transfer of the land was to be effected after the payment of the…