REVEREND (PROF) IYAWE & ORS V. MR. A. SUNNY MENE

TOM SHAIBU YAKUBU, J.C.A.(Delivering the Leading Judgment): The respondent had on 1st June, 2006, entered into an agreement with one Michael I. Osagie, for the purchase of the latter's property situate and located at No. 18, Iheya Street, Benin City for the sum of N5,500,000.00 (Five million, five hundred thousand naira). The respondent made a part payment in the sum of N100,000.00 and took the said property on lease for three years for the sum of N270,000.00 and thereafter he was to pay Michael I. Osagie, the sum of N5,400,000.00 (Five million, four hundred thousand naira) on the effluxion of the three year lease period.

The said agreement was reduced into writing and it was subsequently registered as No. 45, at page 45, volume 622 of the Lands Registry in the office at Benin City. The respondent was put into possession of the said property and whereupon, he made some renovations. However, on 27th January, 2007, Michael I. Osagie died testate.

The respondent, through letters informed…