HELEN MORONKEJI OGUNWUMIJU, JCA (Delivering the Leading Judgment): This is an appeal against the judgment of the Lagos State High Court delivered by the Honourable Justice E. O. Williams-Dawodu on 21st February 2006 wherein the High Court granted some of the reliefs prayed for by the Claimant and possession of the property in dispute.
This case has had a chequered history. To appreciate some of the issues for determination, I must relate some of the background. On the 28th of November, 1980, the 1st Respondent and the Appellant entered into an agreement in which the 1st Respondent was to transfer his title and ownership of a piece of land at Ikoyi to the Appellant and the Appellant was to transfer ownership of a piece of land situate at Sharada Industrial Estate, Kano to the 1st Respondent. Each party was to pay the sum of N50,000.00 (Fifty Thousand Naira) only to the other.
The 1st Respondent put the Appellant in possession of the property at Ikoyi i.e Plot C, Turnbull now 1, Jabita …