The Appellant in this case who was a Defendant in the High Court has appealed to this Court against the judgment of the Court of Appeal which confirmed the judgment of the High Court. The Respondent as a Plaintiff had instituted an action against the Appellant claiming as follows:

His case is that he bought a property from the Appellant who had bought from one Danladi Muazu and "who purchased from the original lessee Alhaji Sale Tango who was granted the certificate of occupancy in respect of that property which was transferred to him by the Appellant. It was his case that he asked the Appellant to contact Alhaji Sale Tango to apply to the Governor for consent for the certificate of occupancy to be made in his favour which the Appellant agreed and which the Governor gave his consent. Pursuant there-to a Deed of assignment was prepared and signed and the same was duly registered in the lands Registry. The Appellant denied ever having sold his land to the Respondent claiming that before he travelled on a pilgrimage to Saudi Arabia the Respondent had given him a sum of N22,000.00 and the Respondent had equally requested him to give him the sale agreement of the land in dispute in order to obtain the certificate of occupancy. It was his case that he could not possibly resell the property he bought for 75,000.00 for N60,000.00. The Appellant further counter-claimed and urged the Court to declare that the consent obtained from the Governor was fraudulent and is null and void and that the Deed of assignment dated 30th October 1986 should be declared null and void. He prayed the Court to further declare that the property covered by the certificate of occupancy No. NE/1647 is his property.

In the High Court, judgment was given to the Respondent and on appeal, the Court of appeal confirmed the judgment of the High Court. Not satisfied with the judgment of the Court of Appeal the Appellant appealed to this Court