ABDU ABOKI, J.C.A. (Delivered the Leading judgment) This Appeal is against the Judgment of the High Court 1 Suleja Niger State delivered on 20th September 2007, by Hon. Justice Oseni Oyewo.
The brief fact of the case is that the Appellant and the Respondent were friends and colleagues who had worked together for a number of years at UTC Suleja/Abuja. In 1998, the Respondent agreed to buy the house of the Appellant known as Plot 24 GRA Suleja and the Appellant agreed to sell same at the purchase price of N900, 000. 00 (Nine Hundred Thousand Naira). The Plaintiff confessed that he could not raise the agreed sum en bloc but that he would pay instalmentally. The Plaintiff made the first deposit of N105, 000. 00 (One Hundred and Five Thousand Naira) and also the sum of N62, 000. 00 (Sixty-Two Thousand Naira) on 16/12/98. Two receipts were tendered to evidence these deposits as Exhibits C and D respectively. The Appellant acknowledged the receipt of the total sum of N244, 725. 00 (Two Hundr…