Facts:

This is an appeal against the judgment of the Court of Appeal, Abuja Division (lower court) delivered on 1st February 2013, which affirmed the judgment of the High Court of the Federal Capital Territory (FCT) Abuja (trial court).
The 1st, 2nd and 3rd Respondents (as Defendants in the trial court) were the Administrators of the estate of late Sheikh Mujaddadi. The deceased owned a property, located at No.7A Iyamoye Close, Off Gimbjya Street, Garki II, Abuja, which they offered to sell in 2007, and of which the Appellant (as Plaintiff in the trial court), and the 4th Respondent indicated interest to purchase. The Administrators offered the property in dispute for the principal sum of N100 Million and N5 Million Agency Fee, of which the appellant agreed to the terms of the contract and paid the sum of N100 Million to Jamilu Mujaddadi, one of the sons and beneficiary of the deceased, who acted as an agent of the administrators. Sequel to this, a contract of sale and a deed of assignment was made, of which the 1st and 2nd Respondents signed. The 3rd Respondent refused to sign the agreements on the ground that the Appellant refused to pay the sum of N5 Million Agency fee as agreed by the administrators for the sale of the property. The 1st – 3rd Respondents finally sold to the property to the 4th Respondent who paid the purchase price of N100 Million and also the agency fee of N5 Million, and to this effect the relevant documents were signed in favour of the 4th Respondent.
This aggravated the Appellant, making him to commence an action via a writ of summon and statement of claim, at the trial Court. He sought for the declaration of the court that there was a valid and subsisting contract between himself and the 1st – 3rd Respondents, for the sale of the property, an order of specific performance to compel the Respondents to execute all documents towards the perfection of his title, as well as an order of perpetual injunction restraining the defendant by themselves, and their privies from selling or causing the property to be sold, on the ground that the 1st -3rd Respondents represented to him that the signature of the 1st and 2nd Respondents was sufficient to conclude the sale transaction.
The Respondents via their joint statement of defence contented that the agreement with the Appellant was void, as only two out of the three Administrators of the Estate signed the contract of sale and deed of assignment, and this was because he refused to pay the agency fee of N5 Million as stipulated by the administrators. The Respondents further claimed that the subsequent sale to the 4th Respondent was the valid transaction over the property because he paid both the purchase price and agency fee stipulated, and thus, all three administrators signed that agreement.
Pleadings closed, and upon the conclusion of trial, the learned trial Judge, made the following findings:
1. That the Contract of Sale and Deed of Assignment (exhibit A & B) were void, having not been signed by all the administrators and there being no evidence of concurrence in the sale by all of them.

2. That Jamilu Sheikh Mujaddadi, a beneficiary of the Estate was an agent of the administrators only for the purpose of finding a buyer and had no authority to sell, hand over documents or deliver possession to the appellant.

3. That payment of 5% agency fee was a condition precedent to the sale of the property.

4. That there was no evidence to prove that the appellant made payment to the Administrators of the estate. The court found that he made payment to Jamilu who had no authority to sell the property.

5. That the Deed of Assignment in favour of the 4th respondent, who had fulfilled all the conditions of the contract, was duly executed by all three Administrators and was therefore valid.

On these findings, the trial Court dismissed the Appellant’s claim in favour of the Respondents.
The Appellant being dissatisfied with the judgement of the trial court, appealed to the Court of Appeal. The lower courts were persuaded by the argument of the Respondents and therefore affirmed the judgement of the trial court, thereby dismissing the appeal.
The Appellant further aggrieved by the decision of the lower Court appealed to the Supreme Court.