EMMANUEL OMOZEGHIAN V. CHIEF J. J. ADJARHO & ANOR

AUGIE, J.C.A. (Delivering the Leading Judgment): The appellant, a retired driver with the Edo State Civil Service is the owner of a house situated at and known as No. 18 Good Samaritan Road, Uselu, Benin City, where he lives with his family and some rent paying tenants. He entered into a hire purchase agreement for the purchase of a vehicle in April 1994, and when he could not pay accumulated monthly installments of N30,000.00 (thirty thousand Naira) the hire purchase company seized the vehicle from him. To assist the appellant, the 2nd respondent took him to the 1st respondent on the 5th of September, 1995 to secure a loan. According to the appellant, the 1st respondent agreed to lend him the sum of N150,000.00 (One hundred and fifty thousand Naira) at an interest rate of 35% repayable by the 5th of September, 1996 but the 1st respondent's lawyer in collusion with the 1st respondent prepared a sale agreement for his house, which was read over to the illiterate appellant as a loan agr…