AYOOLA, JSC: (Delivering the Lead Judgment): The only issue on this appeal from the decision of the Court of Appeal dismissing an appeal from a dismissal of the appellant’s claim by the High Court of Edo State, as formulated by counsel for the appellant, is whether the appellant had failed to prove the essential ingredients of fraudulent misrepresentation against the respondent. The facts which led to the appellant’s claim in the High Court have been clearly and helpfully summarised in the judgment of Akpovi, C.J, Edo State, who heard the case in the High Court as follows:
“The facts are simple. Government acquired part of the plaintiff’s land at Isiohor near Ugbowo and the parcel of land remained acquired. The plaintiff went to court and sued for compensation to be paid to him in respect of the land.
Compensation was not paid. While the case was in court, the defendants negotiated settlement with the plaintiff’s Solicitor to give another parcel of land to the plaintiff in lieu of mo…