MORENIKE IDOWU & ORS V. SEGUN KOYA INVESTMENTS LIMITED

YARGATA BYENCHIT NIMPAR, J.C.A. (Delivering the Leading Judgment): This appeal is against the judgment of the Lagos State High Court delivered on the 4th June, 2010 Coram HON. JUSTICE E. O. WILLIAMS DAWODU (as he then was) wherein the Court granted in part the claims of the Respondent who was the Claimant at the lower Court. The Court dismissed the counterclaim of the Appellants. Dissatisfied by the decision, Appellants filed their Notice of Appeal dated 2nd August, 2010 on the 3rd August, 2010 setting out 10 grounds of Appeal.

The brief facts leading to this appeal are related to a dispute over the sale of a property situate at No. 84, Olonode Street, Alogomeji, Lagos State which belonged to Late Shadrach Bamisulu Adebulewo now deceased and who left a will that divested his interest in the house to beneficiaries who wanted to sell the property. The 8th Appellant indicated interest and negotiations went to almost completion with a deed of assignment signed, cheques for payment issued w…