UGOCHUKWU ANTHONY OGAKWU, J.C.A. (Delivering the Leading Judgment):
EXORDIUM
The provenance of this appeal is the agreement for the sale of land between the Appellant and the Respondent. The Appellant, acting as Attorney for the land-owning families, entered into negotiations with officials and representatives of the Respondent Company for the sale of land to the Respondent. The purchase price was agreed upon and payment for the land was made by the Respondent in instalments. While the negotiation lasted and the payment for the land was being made to the Appellant in instalments, there was, pending before the High Court of Ogun State an action in SUIT NO. AB/136/2012, filed by some of the land-owning families wherein they, inter alia, sought for an order setting aside the Power of Attorney on the basis of which the Appellant dealt with the Respondent in respect of the land sale transaction between them.
The said action in SUIT NO. AB/136/2012 went to trial and in its judgment delivered…