F.M.B.LTD.
V.
OCHE

OBADINA JCA (Delivering the Lead Judgment): When the appeal was called for hearing, counsel and parties on both sides were not in court. The parties have filed and exchanged briefs. It is a 1998 appeal and since the parties have filed and exchanged their briefs, and there is evidence that they have been duly served with the notice of hearing, the appeal was treated as having been duly argued. The appeal is against the decision of the Benue State High Courtcontained in the judgment of Ikongbeh J. (as he then was) delivered on the 26th of September, 1995. At the trial, the appellant, i.e. Federal Mortgage Bank Limited was the 2nd defendant, while the respondent, Engr. B. O. Oche, was the plaintiff. The 1st defendant in the case i.e. Lawrence Okoh did not appeal against the judgment of 26th September, 1995. The facts of the case leading to this appeal are briefly as follows. The 1st defendant in the case, i.e. Lawrence Okoh purchased the property in question, namely, the property cover…