THERESA NGOLIKA ORJI-ABADUA, J.C.A. (Delivering the Leading Judgment): By the Notice of Appeal filed by the Appellant on the 27th February, 2007, which was predicated on seven grounds of appeal, the Appellant seeks firstly; for an order setting aside the judgment of the High Court of Kaduna State delivered on the 30th January, 2007 in Suit No, KDH/KAD/289/2000 between the parties, and, secondly, for an order granting the claims of the Appellant and lastly, for an order dismissing the counter- claim of the 2nd Respondent.
The facts leading to this appeal as distinctly set out on the record are, that on the 24th February, 1998, the Appellant and the 1st Respondent entered into an agreement for the sale of the 1st Respondent's house at No. A.K 12 Faki Road, Tudun Wada, Kaduna to the Appellant at the agreed purchase price of N600,000. The Appellant made a part payment of the sum of N350,000 to the 1st Respondent on the aforementioned date, and, then undertook to pay the balance of N250,00…