Alhaji Yusuf Adeniran V. Alhaji Azeez Layi Olagunju (2001)

LawGlobal-Hub Lead Judgment Report

PATRICK IBE AMAIZU, J.C.A.

This is an appeal against the judgment of Ibiwoye J., of the Kwara State High Court, sitting at the Ilorin Division. The judgment was delivered on the 23rd day of September, 1998.

In the suit, the plaintiff now the respondent claimed two reliefs against the defendant now the appellant.

Pleadings were filed and duly exchanged. Both parties amended their pleadings at least once. The trial proceeded on the amended pleadings.

The claim in the amended statement of claim reads –

“(a) A declaration that the deed of transfer relating to the said house bought by the plaintiff from the defendant and lying and being at opposite Vehicle Inspection Office (behind Federal Housing Estate) Kulende, Ilorin, Kwara State, dated 11th of April, 1991, between the plaintiff and defendant is valid with legal effect.

(b) An order of specific performance against the defendant for a concluded agreement of sale on the building situate, lying and being at opposite Vehicle Inspection Office (behind Federal Housing Estate) Kulende, Ilorin.

(c) A perpetual injunction restraining the defendant and or his agents, assigns or privies from entering or living in the house and from collecting rents on the house and to refund the money so collected from April, 1991, on the house lying and being at opposite Vehicle Inspection Office (behind Federal Housing Estate) Kulende, Ilorin”.

At the trial, the respondent gave evidence and called four witnesses. The appellant gave evidence and called two witnesses.

Briefly, the facts which led to this appeal so far as they are material to the questions which call for our determination are – the respondent wanted to buy a house. He asked his relation to look for one for him to buy. About the same time, the appellant who was a transporter decided to sell his house as he was going back to his home town – Ijebu – Ijesha. He contacted the same estate agent through his relation to put up the house for sale. The estate agent took the respondent to the house. The respondent liked the house and expressed a desire to purchase it. He was told that the price was N80,000. He offered N60,000 which was accepted by the owner.

The appellant insisted that the agreement for the transfer of the house to the respondent must be prepared by Ibukun-Olu Chambers. It was the Chambers that prepared the agreement for the appellant when he purchased the land on which the building stands. The parties thereafter went to the Chambers for the agreement. It was there, that the respondent paid the plaintiff the agreed sum of N60,000. The agents who linked the parties asked for a commission of N10,000. The appellant accepted to pay the commission of N10,000, but insisted that it would be added to the purchase price, thus, making it N70,000.

After the parties had signed the agreement, the appellant asked the respondent to allow him to stay for a month, before packing out of the house. The appellant however introduced the respondent to the tenants as the new land lord. At the end of the one month, the appellant requested that he be allowed to stay for another 3 months. The respondent agreed to the extension. During the period of that three months, the respondent carried out construction work on the building by adding another structure thereon. At the end of the 3 months, the respondent received a letter from the appellant, asking him to pay N200,000 for the house or else to take back the money he had paid.

The evidence of the appellant on the other hand is that, he offered to sell his house for N200,000. He did not know that it was sold for N60,000 because he was blind. It was when he showed his Bank pass book wherein part of the money realised from the sale was deposited that he was told that the purchaser did not pay up to N200,000 for the house. He decided to back out of the sale. Finally, I observe, that the parties tendered documents to support their case.

After hearing the parties and their witnesses and the addresses of counsel, the learned trial judge gave a considered judgment. Part of the judgment reads-