GRAHAM, PAUL, J.: The plaintiff in this suit seeks an order for specific performance of an agreement of sale made on 15th September, 1937, of certain land at Epe Odomola sold by order of the defendants by auction on that date, the plaintiff being the highest bidder therefor at the price of £55 which he duly paid to the auctioneer. The plaintiff also claims damages for trespass and for excluding him from the said land since the 15th October, 1937, and from reaping the fruits.
The defendants are the administrators of their father’s estate and the land in question formed part of that estate. Two statements of defence were filed, the first and third defendants joining in one and the second defendant filing his separately.
On the suit coming on for trial the second defendant’s counsel explained that the statement of defence on behalf of the second defendant was wrongly prepared by error of his late solicitor. Paragraphs 1, 2 and 3 of the second defendant’s statement of defence were withdraw…