RHODES-VIVOUR JCA (Delivering the Lead Judgment): This is an appeal against the judgment of Abiru J. of the Lagos High Court, deliveredat a pre-trial conference on 12 May 2005. The brief facts of the case are that the appellant bought a property known as block 12, plot 24 in Crown Estate, Lekki Lagos from Mr. Osita Okpara, who bought the property from Mrs. C. Ogiri who bought the property from the respondent. A deed of sublease was prepared for the appellant and the respondent, but in the preparation of the said document some issues were unresolved. For example: The appellant was to pay for the deed of assignment and survey. Paid N100,000.00 (one hundred thousand naira) for the preparation of the documents to effect the transfer of the property from Mrs. C. Ogiri, and paid N345,700.00 (three hundred and forty-five thousand, seven hundred naira) for the house to be connected with water and electricity.
The claimant/appellant was not satisfied with some of the payments he had to make and…