MUKHTAR, JCA (Delivering the Leading Judgment): This is an appeal from the decision of the High Court of Lagos State in the ruling delivered by S.B.A. Candide-Johnson, J., on the 11th day of October, 2002 whereby the court below held that the appellant is a necessary party to the suit filed by the 1st respondent against the appellant and the 2nd respondent jointly and severally.
The appellant is a Chartered Estate Surveyor and Valuer carrying on his professional practice under the name and style of P.K. OJO and CO. Sometime in October 1996 the appellant, on the instructions of the 2nd respondent, published an advertisement in the "The Guardian" Newspaper whereby he offered for sale the 2nd respondent's parcel of land at Opebi-Ikeja in Lagos.
The 1st respondent showed interest in the property with a view to purchasing the same and commenced negotiations with the appellant as the, agent of the 2nd respondent. The appellant eventually arranged a meeting between the 1st respondent and t…