CHIOMA EGONDU NWOSU-IHEME, J.C.A. (Delivering the Leading Judgment): The Appellant in this appeal as Claimant at the lower Court claimed against the Respondents as Defendants the sum of Twenty Million Naira for breach of contract on payment of Ground rent.
A summary of the facts of this case as presented by both Sides, starting with the Appellant was that his late father gave land to the 1st Respondent's father where he built a house and that both parents agreed on payment of Ground rent.
That when the 1st Respondent's father died, his two sons took over the management of the house and paid Ground rent in arrears to the Appellant through his agent and thereafter, the Respondents breached the agreement on payment of ground rent.
The Respondents own version was that the land was an outright sale and there was no clause for payment of Ground rent and that they have not paid any Ground rent to the Appellant. That the two brothers of the 1st Respondent that allegedly paid the Ground rent were…