EMANUEL LADIPO ADEBIYI FRANCIS V. OSENI IBITOYE

GRAHAM PAUL, J.: The plaintiff in this suit claims £146 whereof £120 is the cost of the building erected by the plaintiff on the defendant’s land at 58, Macallum Street, Ebute Metta and £26 is the amount paid by the plaintiff to the defendant as part payment of the purchase price of the said land of which the defendant has now recovered possession from the plaintiff in suit 419/34 Oseni Ibitoye versus Francis.

In his statement of claim in this case the plaintiff alleges that the defendant agreed to sell, and did sell, the land in question to him but the nature of the claim in the writ shows that the plaintiff, is not really basing his claim on a completed sale. Both branches of his claim, the £120 and the £26, are quite in­consistent with the position that there had been a valid completed sale. Moreover I am satisfied that by the consent judgment in suit 419/34 the plaintiff would be definitely estopped from setting up the alleged sale.

The legal position is a perfectly simple one. The …