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.