ONYEKACHI AJA OTISI, J.C.A. (Delivering the Leading Judgment): This appeal is against the decision of the High Court of Cross River State, Calabar Division Coram Hon Justice Ikpi Okoi Itam, J., delivered on November 18, 2011, in which the learned Judge sitting in appellate jurisdiction, affirmed the decision of the Chief Magistrate's Court, Calabar per His Worship, E. N. Okokon, Esq., which was delivered on September 22, 2010.
The facts leading to this appeal as presented by the Appellant are as follows: The Appellant is a tenant of the Respondent at the property known and addressed as No 82C, Goldie Street, Calabar. Although the said property was in 2000, uncompleted and uninhabitable, it attracted the interest of the Appellant, who approached the Respondent for permission to complete the property and, reside therein with his family. The Appellant alleged that the parties initially agreed that the Appellant should advance the Respondent the sum of N144,000.00 for the completion of the…