1. INTRODUCTION
   1.1 By a Writ of Summons dated 27/01/2015, the claimant commenced this action against the defendant claiming the following reliefs as contained on the Claimant’s Statement of Claim dated and filed on the same day:
2. SUMMARY OF FACTS
   2.1 The agreed facts are that:
3. ISSUES FOR DETERMINATION
   3.1 It is the humble contention of the defendant that the following issues call for determination in this action:
4. LEGAL ARGUMENT IN SUPPORT OF ISSUE ONE (1):
   4.1 The first issue for determination before this Honourable Court is whether time for payment of the balance of the purchase price was of the essence of the contract of sale of land?
   4.2 My Lord, the law is settled that as a general rule
   4.3 We therefore answer issue one in the affirmative and humbly urge this Honourable Court to so hold by resolving this issue in favour of the defendant.
5. LEGAL ARGUMENT IN SUPPORT OF ISSUE TWO (2):
   5.1 Having answered issue one in the affirmative, the second issue for determination before this court is:if issue one is answered in the affirmative, then whether the defendant was right to have treated the contract of sale as repudiated in the circumstances of the case?
   5.2 The law is trite that
   5.3 We urge this Honourable Court to resolve this issue in favour of the defendant.
6. CONCLUSION
   6.1 On the whole, in IBAMA v. SHELL PETROLEUM DEVELOPMENT COMPANY LTD (2005) 17 NWLR (pt. 954) 364 at 389, Oguntade JSC stated that sympathy is not always the forerunner for justice. In as much as we must sympathize with the claimants on account of their developments on the land, that sympathy cannot translate itself into law.
   6.2 The justice of every case must be justice done according to law. The position of the law on the issues raised and argued in this case is very clear. Therefore, we urge this Honorable Court to resolve all the issues raised and argued in this case in favour of the defendant, dismiss the case of the claimant and grant the reliefs counter claimed by the defendant vide the statement of defence and counter claim.
7. LIST OF AUTHORITIES
   7.1 STATUTES REFERRED TO:
   7.2 CASES REFERRED TO:

Dated this 2nd day of March, 2015.