BOLA OMONIYI V. JACOB ADEGBOYEGA ALABI

MURITALA AREMU OKUNOLA, J.C.A. (Delivering the Leading Judgment): This is an appeal against the decision of the High Court of Justice of Osun State, holden at Osogbo, presided over by Olowofoyeku, J. (as he then was) delivered on 3/3/97 dismissing the plaintiff's claim. The appellant before this court was the plaintiff, while the respondent was the defendant.

The facts of this case briefly put were as follows:

The appellant in 1993, purchased from the respondent, a parcel of land, with four flats, completed building at Osogbo, for a sum of N350,000.00. The respondent and the agents of the appellant, jointly went and together, instructed a Barrister and Solicitor at Osogbo, to prepare a sale agreement, which was prepared and executed by the parties. The respondent, in addition, wrote letters to the tenants occupying the building, notifying them of the sale and transfer of the property to the appellant.

The respondent being resident at Osogbo, while the appellant was at Abuja, continued…