NWALI, SYLVESTER NGWUTA, J.C.A.(Delivering the Leading Judgment): This is an appeal against the Judgment of Akomolafe J of the Ondo State High Court of Justice Akure Judicial Division, delivered on 18th July, 2005 in Suit No. AK/291/97. The appellants and Respondent were plaintiffs and defendant respectively before the Court below.
1st Appellant claimed he bought a house, described as a duplex bungalow, situate at, and known as Plot 181 Block XV also known as No.3 Ikogosi street, ljapo Estate Akure, Ondo state, from one Mrs. Grace Ajayi, the deceased mother of the Respondent. 1st appellant said he paid the agreed sum of N70,000.00 for the property in two instalments of N10,500.00 and N59,500 by cheques and got receipt for each payment. Before she could obtain the transfer document from the Ondo State Housing Corporation who leased the property to her Mrs. Grace Ajayi died. The attempt of Mrs. Ajayi's daughter, the Respondent to collect rent in respect of the property from the 1st appe…