From the evidence and pleadings of the Plaintiff/Respondent, his case is that the Defendant/Respondent made an offer to him for the purchase of property in dispute in August 1976. The transaction concerning the purchase of the property was conducted via letters dated 16th August 1976; 30th August 1976; 3rd September 1976; 26th November 1976. And that by an Agreement dated 14th November 1976, it was agreed that the property would be sold to the Plaintiff/Respondent by the Defendant/Respondent. Later, a sublease. Exhibit G was executed in favour of the Plaintiff/Respondent, pursuant to the earlier agreement between the Plaintiff/Respondent and the Defendant/Respondent. The case presented by the Defendant/Respondent appears to be a complete denial that he offered to sell the property to the Appellant in 1975 or at any other time. He acknowledged that the Appellant was his tenant, and further stated that the sum of N 15,000.00 paid to him was to defray the obligations of the Appellant as his tenant. Exhibits P-U. It was also in this connection that he wrote to the Appellant. The Defendant/Respondent did not admit that he received the cheques. But there is evidence on record that he did. The Defendant/ Respondent was however very categorical that he had since 1976 agreed to sell the property to the Appellant.

After hearing the addresses of learned counsel in the matter, the learned trial judge delivered a reserved judgment dismissing all the claims of the Appellant. At the end of the trial, the learned trial judge upheld all the Appellant's counterclaims except the alternative claim for damages which was not considered in the course of the judgment. The following orders were then made:

As the Plaintiff/Respondent and Defendant/Respondent were not satisfied with the judgment and orders of the trial Court, they appealed to the Court below. The Defendant/Respondent, who did not file a brief in furtherance of his appeal, later filed a motion in that court to withdraw his appeal. The Court below accordingly had only the appeal of the Plaintiff to consider. That appeal of the Plaintiff/Respondent to the Court below was successful. The judgment of the trial Court, per Homponu J., was set aside. In its place, judgment was entered for the Plaintiff/Respondent for possession of the property at 38 Oba Akran Avenue, Ikeja Lagos State with effect from sixty days from the date of the judgment. As it was adjudged that the Plaintiff/Respondent was entitled to arrears of rent for March and April 1981 at N150.00 per month, the order was made accordingly by the Court below. It was also ordered that Plaintiff/Respondent be entitled to mesne profits at N150,00 per month from May 1981 until possession is given up, as ordered by the Plaintiff/Respondent. The Court below also assented to the application made by Appellant to vary the judgment by entering judgment against the Defendant/Respondent for N150,000.00 as damages for breach of contract. Judgment in the sum of Nl50,000.00 was accordingly made in favour of the Appellant.

Further dissatisfied with the court of Appeal's judgment the 1st defendant has now appealed to the Supreme Court.