JOSEPH SHAGBAOR IKYEGH, J.C.A. (Delivering the Leading Judgment): The appeal is from the judgment of the High Court of Justice Kano sitting in Kano (the court below) whereby it awarded ownership of a house situate at No. 112 Fagge "B" Quarters Kano to the respondent (who replaced the original respondent as plaintiff at the court below) against the appellant (who replaced the original appellant as defendant at the court below), occasioning the appeal.
The essential facts of the case are that the original respondent bought house No. 112 Fagge "B" Quarters Kano from the two brothers, one Audu Garba and the appellant on 3. 12. 92 for N90, 000. Audu Garba, and the appellant derived title to the property from one Hajiya Aluwa on 8. 3.73. It was Audu Garba, the PW1, who bought the house for joint use by his brother, the appellant, and himself. Because of incompatibility between their wives, they decided to sell the house to buy separate houses. The sale was evidenced by a sale agreement. It …