HELEN MORONKEJI OGUNWUMIJU, JCA (Delivering the Leading Judgment): This is an appeal against the judgment of the Lagos State High Court delivered by Honourable Justice E. O. Williams-Dawodu on 21st February, 2006. The High Court granted some of the releifs prayed for by the claimant and possession of the property in dispute.
The case at the High Court arose out of an agreement between the Claimant and the 1st Defendant dated 28th November, 1980. The agreement was tendered during the trial by the Claimant and admitted as Exhibit MM2.
In exhibit MM2, the Claimant agreed to accept a consideration of N50,000 from the 1st Defendant and assign the property at Ikoyi to him while the 1st Defendant agreed to use his good offices to get one COUNTING LIMITED to transfer a portion of a property at Sharada, Kano to a nominee of the claimant called DALFAM NIGERIA LIMITED also at a cost of N50,000.
The Claimant alleged that he had performed his own side by putting the 1st Defendant in possession of …