(2016) JELR 43848 (CA)    

Court of Appeal  ·  CA/L/934/2014 ·  10 Mar 2016 ·  Nigeria
CHINWE EUGENIA IYIZOBA Justice of The Court of Appeal of Nigeria ABIMBOLA OSARUGUE OBASEKI-ADEJUMO Justice of The Court of Appeal of Nigeria JAMILU YAMMAMA TUKUR Justice of The Court of Appeal of Nigeria
Core Terms Beta
summary judgment
counter affidavit
final judgment
high court of lagos state
civil procedure
learned trial judge
lower court
sole issue
trial court
favour of the respondent
paras e
affidavit evidence
exhibit ma
paras g
statement of claim
statement of defence
sum of n42,000,000.00
trial judge
17th day of september
copies of document
decision of the trial court
offer letter
skye bank cheques
28th day of may
brief fact of the case
exhibit c1
exhibit d1 of the respondent
failure of the appellant
first issue
further payment of n22,000,000.00
instant case shows
leading judgment
nature exhibits
nsirim v
onwujuba v
payment of n20,000,000.00
quorum consortium ltd
receipt of the said money
rules of the court
ruling of the high court of lagos state
said sum of n42,000,000.00
second issue
such level of infallibility
suit no. ld
support of the motion

ABIMBOLA OSARUGUE OBASEKI-ADEJUMO, J.C.A.(Delivering the Leading Judgment): This is an appeal against the Ruling of the High Court of Lagos State, Per Williams J., delivered on the 17th day of September, 2014.

The brief fact of the case before the trial Court is that the Respondent, desirous of acquiring a private property within Eric Moore Estate, Surulere, Lagos approached the Appellant in respect of a property known as Block S House 4, Royal Estate, Phase 1, Eric Moore Surulere, Lagos. At the conclusion of negotiations between the Appellant and Respondent, the Appellant issued an offer letter to the Respondent who subsequently made a fifty percent down payment of N20,000,000.00 (Twenty Million Naira) with a further payment of N22,000,000.00 (Twenty - Two Million Naira). The Respondent then alleged that after receipt of the said money, the Appellant became evasive for several months and refused to let the Respondent into the property as promised.

When it became apparent that there was…

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