CHIDIEBERE NWAOMA UWA, JSC (Delivering the Leading Judgment): The appeal is against the judgment of the Court of Appeal sitting in Kaduna Division (hereinafter referred to as the Court below), delivered on 14th December 2006, which affirmed the decision of the Kaduna State High Court (hereinafter referred to as the trial court), delivered on 17th May 2003.
The essential facts of the appeal are that the 1st Respondent approached the 2nd Respondent, the original owner of the disputed property to purchase same, and both parties agreed on the sum of N150,000.00 (One Hundred and Fifty Thousand Naira). A part payment of N95,000.00 (Nine Five Thousand Naira) was made by the 1st Respondent, after which a Sale Agreement, Exhibit P1, was drawn up by Fabian Okonkwo Esq., for the parties.
Consequently, the 2nd Respondent surrendered a Certificate of Occupancy No: 0002790, Exhibit P2, to the 1st Respondent. The 2nd Respondent took the 1st Respondent to the disputed property to introduce him to the A…