(2002) JELR 44604 (CA)    

Court of Appeal  ·  CA/L/344/99 ·  9 May 2002 ·  Nigeria
Other Citations
Badaru v. S.C.B. (Nig.) Ltd. [2003] 10 NWLR(Pt.827)91
Badaru v. S.C.B. (Nig.) Ltd. (2003) 10 NWLR (Pt. 827) 91
GEORGE ADESOLA OGUNTADE Justice of The Court of Appeal of Nigeria SULEIMAN GALADIMA Justice of The Court of Appeal of Nigeria CHRISTOPHER MITCHELL CHUKWUMA-ENEH Justice of The Court of Appeal of Nigeria
Core Terms Beta
fresh evidence
learned trial judge
false pretences
further evidence
demeanour of the witness
order of specific performance of the contract
supreme court
appellate court
balance of n600,000.00
criminal charge
documentary evidence
learned counsel
2nd issues of the appellant
affidavit evidence
current account
favour of the respondent
landed property
notice of appeal
order of specific performance
pieces of evidence
respect of the fresh evidence
sum of n1
totality of the evidence of both parties
trial court
affidavit evidence of the appellant
careful study of the appellants
case of the appellant
charge no. a
claim paragraphs
criminal offence
customer of the respondent
determination of this court
following issues
fraudulent statement of account
grant of leave
judgment of the learned trial judge
lagos state high court
leading judgment
said n600,000.00
single issue
specific performance of the contract of sale
suit no. id
sum of n400,000.00
true copy of the ruling of lower court
view of suppression of facts

GALADIMA, J.C.A. (Delivering the Leading Judgment): The respondent was the plaintiff, before the Lagos State High Court in suit No. ID/2460/94, wherein it claimed against the appellant as the defendant, the specific performance of the contract of sale of the landed property, situate at and known as 9, Alarape Street, Bariga, Lagos, and damages for its detention. The parties filed and exchanged pleadings. At the hearing the parties called one witness each. The respondent's case was that, the appellant who was a customer of the respondent, was the owner of the premises described above. The respondent bought the house for the sum of N1 million. The appellant was first of all paid the sum of N400,000.00. The balance of N600,000.00 was credited into the appellant's account, according to the respondent. It was the case of the appellant that, he was never paid this balance, nevertheless, the respondent resorted to preparing fraudulent statement of account, showing that the appellant's accoun…

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