BA'ABA JCA (Delivering the Lead Judgment): This is an appeal against the decision of the Kaduna State High Court sitting at Zaria Judicial Division in its appellate jurisdiction delivered on 25/1/96 by M. L. Bello J. of the Kaduna State High Court.
The appellant in this appeal was the plaintiff in the Upper Area
Court, Daura Road, Kaduna where he sued the respondent, claiming that he bought the disputed farm situate at Dutsen Gaya, Kasuwa Magani, Kajuru Local Government Area, Kaduna State from the respondent at a cost of N5,500.00 and that the appellant paid the sum of N5,000.00 leaving a balance of N500.00. Both the appellant and the respondent agreed that the balance will be paid after the case the respondent was having with someone over the same farmland was disposed of. A local agreement was drawn and signed by their witnesses but the parties did not sign but agreed to sign later after the case the respondent was having over the said farm had been concluded upon the payment of the…