NONYEREM OKORONKWO, J.C.A. (Delivering the Leading Judgment): In this appeal that arose from the judgment of the High Court of Oyo State delivered on 7th July 2009, the facts were that the 1st respondent and her husband were by letter of 9th January 1988 allocated a plot of land described as plot 13 Block IV at Orita Basorun Estate Ibadan by the 2nd respondent i.e. Property And Town Development Corporation of Oyo State which allocation 1st respondent as aforesaid accepted and paid for albeit by installments.
There were some other conditions that were to be met by the 1st respondent which included payments for the preparation of the Legal instrument in this case a sub lease and development of the allocated plot of land upon an approved building plan by the 2nd respondent and a current tax clearance certificate. At a point, the 1st respondent observed that the allocated plot had some structural issue like a drainage cutting into the land which upon their complaint the 2nd respondent unde…