The 4th respondent had claimed against the appellant and the 1st, 2nd and 3rd respondents in the High Court an order of specific performance of the contract of sale of the property lying and being at Plot 50, Babs Animashaun Street, Surulere. Lagos and an order of interlocutory injunction restraining them from selling or otherwise disposing of the property.

The 1st and 2nd respondents were the original defendants to the suit. The 3rd respondent was joined by order of court as the second executor of the estate of late Major-General J. Ekong (Rtd.) - the owner of the property in dispute. The appellant was also joined on the ground that he was discovered to have purportedly bought the property in dispute.

The 4th respondent argued that he and one Femi Williams. an architect and an official of the 2nd respondent (the agent appointed to find a buyer for the property) met on 22nd March, 1995 and agreed that the 4th respondent should pay the sum of N5.5 million for the property. He claimed that they both agreed that the money be paid in installments on or before 30th May. 1995. The 4th respondent then made a deposit of N1.1 million by bank draft in favour of the 2nd respondent on 30th March. 1995 with a pledge to pay the balance of N4.4 million or before 30th May, 1995. Meanwhile, earlier on the same day that the 4th respondent deposited N1.1m, the appellant paid N6m and later paid N675,000.00 for the same property. The N 1.1m deposited by the 4th respondent was later returned to him after about eighteen days.

The 4th respondent instituted this action, claiming that there was an irrevocable contract of sale between him and the 1st and 2nd respondents. The trial court granted the prayer of the 4th respondent as set out in the summons after appraising the affidavit and counter-affidavit filed by the parties.

Dissatisfied with the decision of the trial court, the appellant appealed to the Court of Appeal.