The facts of the case was that in September 1987 the Respondent was introduced by one Bulus Damagai to the 1st Appellant who wanted to sell his house known as Good Hope Hotels’ or ‘Mayor Hotel consisting of 23(22) rooms. The 1st Appellant had represented that the house belonged to him. They negotiated and agreed on N11,000 (eleven Thousand Naira) as the selling price. The Respondent thereupon made a part payment of N6,000 (Six thousand naira) and the 1st Appellant issued him a receipt which was not admitted in evidence for want of registration. Despite the fact that he had paid the agreed price, the 1st Appellant refused to transfer possession of the property in dispute to him. The 2nd and 3rd Appellants claimed that the land on which the house of 22 rooms was built was allocated by Sariki Gwagwalada to the father of the 1st and3rd Appellants and by implication it is the family land of Gaji. The 3rd Appellant claimed that he moulded some blocks and engaged a mason to develop part of the land by erecting a building of 13 rooms on the land. Ladi Gaji, the 2nd Appellant and the wife of the 1st Appellant also developed part of the land by erecting a house of 9 rooms. They both alleged that they were unaware that the 1st Appellant had entered into an agreement to sell the property in dispute and that since the property is owned by the family, it could not be sold by the 1st Appellant without the consent of the 3rd Appellant the head of the family. At the end of the trial, the Respondent's claim was dismissed.

Aggrieved by the decision of the trial High Court, the Respondent appealed to the Court of Appeal, which in an unanimous decision set aside the decision of the High Court and entered judgment for the Respondent. The Appellant now appealed against this judgment.