MR ELIAS KAZAH V. ALHAJI ALIYU MOHAMMED HADEJIA

OLUDOTUN ADEBOLA ADEFOPE-OKOJIE, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of the Kaduna State High Court delivered by Hon. Justice Dogara Mallam on 31/05/2012 consequent upon an Originating Summons filed by the Respondent, as Plaintiff.

The lower Court entered judgment in favour of the Respondent and, in dissatisfaction, the Defendant, as Appellant, filed a two ground Notice of Appeal, on 10th August 2012.

The facts of this case, as deposed to by the Respondent in its affidavit in support of his Originating Summons, is that the Appellant was the owner of landed property opposite the Kaduna Polytechnic, Kaduna, which he agreed to sell to the Respondent. Both parties entered into an agreement, dated December 4th 2007 (Exhibit A) in which the Respondent agreed to purchase the property for N13, 300,000.00 (Thirteen Million Three Hundred Thousand Naira).

In pursuance of the agreement, the Respondent paid the sum of N10 million, leaving a balance outsta…