MR. KINGSLEY EDOSA (SUING BY HIS LAWFUL ATTORNEY, MRS. ELIZABETH EDOSA] V. MRS. ELIZABETH IRABOR ZACCALA (SUING BY HER LAWFUL ATTORNEY, MR. CHRISTOPHER A. IRABOR) MR. EMMANUEL ATHEKHAME

MUHAMMAD JCA (Delivering the Lead Judgment): The subject- matter of this dispute is a piece of land situate at No. 2B, Benoni road, G.R.A., Benin City covering an area of approximately 100ft by 100ft, The land is fenced round with two gates and there is an uncompleted building on it. This piece of land was sold to both the appellant and the 1st respondent at different times by the 2nd respondent.

The story of the appellant is that sometime in March, 1993, the appellant and his mother met the 2nd respondent and his agent and negotiated for the sale of the property in dispute to the appellant. On 10th August, 1993, the appellant paid to the 2nd respondent the sum of ₦400,000 being part payment of the purchase price and was issued with a receipt accordingly. On 23rd August, 1993, the appellant paid the balance as a result of which the original title documents to the property i.e. the building plans, survey plan, letters of administration and copy of the Oba’s approval were handed over …