ISAAC GAJI & ORS. V. EMMANUEL D. PAYE

D. O. EDOZIE, JSC (Delivering the Leading Judgment): This is an appeal against the judgment of the Court of Appeal Abuja Judicial Division delivered on 16th day of April, 1996, wherein it set aside the decision of the trial High Court of the Federal Capital Territory delivered on 24th of September, 1993 and entered judgment in favour of the plaintiff. The bone of contention between the parties is the sale of a house consisting of 23 rooms (error for 22) variously known as "Good Hope Hotel" or Mayor Hotel" situate and lying at Sabon Gari Gwagwalada in the Federal Capital Territory Abuja, hereinafter referred to as the property in dispute.

In the trial High Court aforesaid, the respondent on records as plaintiff sued the 1st appellant Isaac Gaji as the sole defendant over the property in dispute, which the latter sold to the former. Before the action could proceed, Ladi Gaji and Ayuba Gaji, wife and half brother respectively of the 1st defendant applied to be joined and were accordingl…