BABALAKIN, J.C.A. (Delivering the Leading Judgment): This appeal deals partly with when the findings of fact of a trial Judge can he disturbed by an appellate court and partly with whether or not a person who has made part payment in pursuance of an oral agreement for alienation of land is entitled to a decree of specific performance.
The facts that gave rise to this appeal are that both the appellant who was plaintiff in the lower court and the respondent who was defendant in the said lower court are friends. By the story of the appellant as revealed in his statement of claim which accompanied his writ of summons, in 1975 the appellant leased two plots of land from Kuje Amuwo and Imore Family. The appellant erected an eight bedroom bungalow on one of the plots leaving the other plot vacant. Sometime in 1985, the appellant decided to sell the building on the land. He approached the respondent to ask him if he was interested in purchasing the building. The respondent said he was intere…