MR. SOLOMON OMONIGHO V. MR. FRIDAY O. IJOMONE & ANOR

OBANDE FESTUS OGBUINYA, J.S.C. (Delivering the Lead Judgment): This appeal probes into the rightness of the decision of the Court of Appeal, Asaba Division (hereunder addressed as "the lower Court"), coram judice: M. A. Danjuma, B. A. Georgewill and A. O. Obaseki-Adejumo, JJCA, in Appeal No. CA/AS/297/2019, delivered on the 8th September, 2021. In its judgment, the lower Court set aside the decision of the High Court of Delta State (the trial Court), in Suit No. OUHC/26/2015, delivered on the 21st February, 2019, wherein C. E. Achilefu, J. granted the appellant's claim. 

The synopses of the material facts of the case, which transfigured into the appeal, are disobedient complexity. The appellant was the owner of a property, which comprised a story building, lying, situate and known as No. 1 Ogudu Lane, Off Agomate Street, Ovwian in Udu Local Government Area of Delta State. In April, 2014, the appellant and his deceased partner, Rufus Onaemoh, won a sub-contract from a contractor to the …