(2002) JELR 44433 (CA)    

Court of Appeal  ·  CA/K/144/98 ·  17 Jan 2002 ·  Nigeria
ISA AYO SALAMI Justice of The Court of Appeal of Nigeria MAHMUD MOHAMMED Justice of The Court of Appeal of Nigeria VICTOR AIMEPMO OYELEYE OMAGE Justice of The Court of Appeal of Nigeria

ISA AYO SALAMI, J.C.A (Delivering the leading Judgment): In the High Court of Kano State of Nigeria, in the Kano Judicial Division the plaintiff took out a writ of summons claiming against the first and second defendants as follows:-

a. Specific performance of an oral agreement.

b. N100,000 as damages for breach of contract in lieu of or in addition to specific performance or in the alternative.

c. Declaration that the sale between the 1st defendant and 2nd defendant is invalid been contrary to the plaintiff's right of pre-emption.

d. substituting the 2nd defendant with the plaintiff as the purchaser of the said premises.

Pleadings were settled and exchanged at amended statement of claim and joint statement of defence of the existing defendants. Plaintiff testified in support of his claim. Before the first defendant testified in support of the defence, the second defendant died and was substituted with one Alhaji Aminu Ya'u Dankunne by order of court dated 22nd January 1996. By the sa…

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