ITA G. MBABA, J.C.A (Delivering the Leading Judgment): This is an appeal against the judgment of Kano High Court, presided over by Mohammed Umaru Alkali J. in suit No. K/609/95, delivered on 31st, day of July, 2002, wherein the court held for plaintiff (now Respondents).
The 2nd Appellant, as managing Director of 1st Appellant, in March, 1995 had sold to the Respondent, Engineer Dahiru Dawaki, (now late and represented by his Estate and 11 Ors) all that property situate and known as No. 86 Ogbomosho Avenue, Sabon Gari, Kano, covered by Certificate of Occupancy No. LKN/COM/91/44, belonging to the 1st Appellant, at the total cost of N3.9 million. At the conclusion of negotiations the Respondent made a part payment of N1.5 million to the 2nd Appellant, through Mr. M.T. Badamasi, who the 2nd Appellant claimed was introduced to him as lawyer and agent of the plaintiff/Respondent. The terms of the oral agreement were later reduced into writing by the 2nd Appellant, as per Exhibit I, a lett…