ALHAJI YUNUSA ABIOYE & ANOR. V. MCRAUF GLOBAL CONCEPTS LTD

BAGE JCA (Delivering the Lead Judgment): This is an appeal against the judgment of Hon. Justice O.A. Akinlade, sitting at High Court of Lagos State, Ikeja Judicial Division delivered on 11 May 2010.

The facts that led to this appeal are as follows: 

The respondent instituted this suit by its writ of summons with statement of claim which was renewed on 5 February 2009 claiming inter alia that it was entitled to the sum of N27,400,000.00 (twenty-seven million, four hundred thousand naira) being the outstanding balance for the purchase of the property situate at 39B, Bourdillon Road, Ikoyi, Lagos. By its application dated 7 July 2008, it applied for summary judgment under Order 11 of the High Court of Lagos State (Civil Procedure) Rules, 2004. The appellants filed their statement of defence and their counter-affidavit to the respondent’s application.

The defence of the appellant was that sometime in the year 2005, Mr. Tunde Ayeni, the principal partner of Legal Resources Alliance approa…