SANUSI, J.C.A.(Delivering the Leading Judgment): This is an interlocutory appeal against the ruling of Honourable Justice Akande of the Ikeja Division of Lagos State High Court delivered on the 5th day of June, 1996. The appellant as plaintiff in suit No. ID/2662/94 sued the two respondents as defendants at the lower court. The appellant purchased a three - bedroom flat situate at Flat No.3, Block 309 at Amuwo Odofin Low Cost Housing Estate, Lagos State from the 1st respondent who obtained title of the said flat from the allocation made to her by the Lagos State Development and Property Corporation through the 2nd respondent i.e. Lagos Building Investment Co. Ltd.
The appellant in the course of the trial called one Ganiyu Ajani as his witness and sought to tender through him, a receipt issued by 1st respondent as exhibit showing acknowledgment of purchase money. The learned counsel for the 1st defendant/respondent objected on the ground that same was not registered placing reliance on…