The trial judge on the evidence before him found that the defendant due to pressing financial constraint consciously entered into a written agreement, Exhibit B, with the plaintiff, “that warranted his selling his house situated at No. 5 Okoduwa Street, Idumu-Okojie, Uromi for a sum of N500.00 on the condition that he could repurchase it within 6 months after which period that the sale would become absolute”. He found that the defendant was unable to repurchase the house within the stipulated period. Thereafter, the parties agreed that the defendant could and continued to occupy the premises as plaintiff’s tenant at the rent of N15 monthly. The defendant paid the rent for three months and then ceased to pay, alleging that the transaction between him and the plaintiff was a pledge of the house for the loan and not the sale of his house.

The plaintiff brought an action in the High Court, and the defendant pleaded non est factum. However, he did not discharge the burden on him to prove that he did not understand the document that he signed. The judgment was reversed on appeal to the Court of Appeal.

The appellant appealed to the Supreme Court.