UGOCHUKWU ANTHONY OGAKWU, J.C.A. (Delivering the Leading Judgment):
The provenance of this appeal is in the contract between the Appellant and the Respondent for the sale, to the Appellant, of six housing units in the Respondent's Crown Estate, Lekki Peninsula. Pursuant to the contract, the Appellant made an initial deposit of the purchase price on the six houses.
By the contract, the Completion/Delivery period for the houses was nine months from the date of the initial deposit. The balance of the purchase price was to be paid upon completion of the houses. The Respondent did not meet the completion date for the delivery of the houses. It was about six months after the due date that the housing units became ready. The Respondent wrote to the Appellant, informing him that the houses had been completed and demanding for the balance of the purchase price. The Appellant made a further deposit on the outstanding purchase price and made a proposal for payment of the outstanding amo…