TIJJANI ABUBAKAR, J.S.C. (Delivering the Lead Judgment): This appeal is against the judgment of the Court of Appeal, Kaduna Division, delivered on the 19th day of June 2010 in Appeal Number CA/K/121/2007., wherein the decision of the trial Court was affirmed by the lower Court.
In brief, the facts giving rise to this appeal are that the Appellant in this appeal as Plaintiff took out Writ of Summons against the Respondents over sale of a property situate at AK 12 Faki Road, Tudun wada Kaduna, the Appellant said the property was sold to him by the Respondent for the sum of N600,000.00, the Appellant paid the sum of N350,000.00 and the parties to this sale agreement executed an agreement on the 24th day of February, 1998, the Appellant promised to pay the balance of N250,000.00 on the 16th day of March 1998, he was unable to pay until the 19th day of March 1998 when the Appellant now approached the 1st Respondent to pay the balance, the 1st Respondent now informed the Appellant that he ha…