Facts:

Chief J. A. Ademeso was the 1st defendant in the court of trial. The respondents, Mrs. Maria Okoro and Mr. Justin Okoro as administratrix and administrator of the estate of Late Alloysius Okoro, were the plaintiffs before the Ikeja Judicial Division of the High Court of Lagos State. By a Writ of Summons dated 31st January, 1995 the plaintiffs’ claimed against the 1st defendant along with three other persons, inter alia for an order for specific performance directing the 1st defendant to execute the deed of transfer and/or the sale agreement in respect of property at No. 22 Oluti Street, Oluti Amuwo Lagos having received the sum of N350,000.00 (Three hundred and fifty thousand Naira) being the agreed purchase price.

The plaintiffs pleaded in paragraph 14 of their statement of claim that the plaintiffs aver that after paying the total sum of N350,999.00 (Three hundred and fifty thousand, nine hundred and ninety nine naira) the 1st defendant returned the draft Deed of Assignment with minor corrections for final execution to the plaintiffs and also released some other documents as positive step to transfer his interest in the property to the plaintiffs.