ABDU ABOKI, J.C.A. (Delivering the Leading Judgment): This is an appeal against the decision of the High court of Justice Kaduna State sitting at Kaduna delivered on the 28th day of July 2010 by Bashir U. Sukola J.
A summary of the facts that gave rise to the appeal was that the plaintiff (hereinafter called the respondent) on behalf of himself and the beneficiaries of the estate of ALHAJI ABBAS ALIYU MOHAMMED GUSAU filed an action at the lower court against the defendant (hereinafter called the appellant).
The reliefs the respondent sought for at the Lower Court is reproduced thus:
"The Plaintiff claims against the Defendant as follows:-
(1). the sum of forty five million, nine hundred thousand naira (N45,900,000.00) only being the total sum paid by the deceased to the defendant in Kaduna, Kaduna state for a property which the defendant subsequently sold to a third party.
(2). Interest at the rate of 10% per annum on the judgment sum from the date of judgment until same is fully liqu…