ALHAJI FERDINAND IBEKWE V. MRS LUCY MADUKA

MUHAMMAD, J.C.A. (Delivering the Leading Judgment): The appellant and the respondent are traders and both conduct their respective businesses at Katako market in Jos. On 16th July 1986 the appellant told the respondent that he warned to sell his house No.18 Laranto Street, Jos because the appellant was no longer interested in living in Jos. The house comprised of three rooms and a kitchen. The respondent expressed her interest in buying the house. On the same day the appellant agreed to sell to the defendant the said house for the sum of N3,250.00.

On the 22nd day of August 1986, the respondent made a part payment of N2,650.00 to the appellant. The part payment was made in the presence of witnesses and the appellant issued her with a receipt. On 29th August 1986, the respondent paid the remaining balance of N600.00 to the appellant. This too was in the presence of witnesses. A full agreement for the transaction was then executed by the parties.

The appellant also gave the respondent …