ENGR. EMMANUEL UDEDIKE V. ENGR. (MRS) HAPPINESS UFOMADU

CHINWE EUGENIA IYIZOBA, JCA (Delivering the Leading Judgment): This is an appeal against the judgment of Ogun State High Court Ota Judicial Division in Suit No HCT/96/09 delivered on the 25th day of June, 2012 Coram A. A. Babawale J.

THE FACTS:

The facts leading to the institution of this suit as summarized in the Appellants brief of argument are as follows:

Sometime in 2006, the claimant through his agent offered in a letter dated 16th December, 2006 to sell his one story building of 4 flats of 3 bedrooms each situate at No. 3 Kayode Anifowoshe Street, River Valley Estate, Ojodu-Berger, Ogun State to the defendant for N20,000,000 (Twenty Million Naira). In addition the said letter contained agency fee of 5% of the total consideration.

The defendant made a counter offer to purchase the property for N15, 000,000, rejecting the agency fee clause and introducing a new clause for vacant possession.

Being a radical departure from the terms offered by the claimant, the claimant unequivocally rej…