(2011) JELR 46074 (CA)    

Court of Appeal  ·  CA/J/88/2007 ·  13 Jul 2011 ·  Nigeria
MONICA B. DONGBAN-MENSEM Justice of The Court of Appeal of Nigeria UZO I. NDUKWE-ANYANWU Justice of The Court of Appeal of Nigeria PHILOMENA MBUA EKPE Justice of The Court of Appeal of Nigeria
Core Terms Beta
cause of action
suit no. ba
trial court
ajayi v. milad ondo state
breach of contract
fair hearing
favour of the respondent
laws of bauchi state of nigeria volume
learned counsel
limitation law of bauchi state cap
lower court
relevant law
specific performance
spite of the exhibited judgment order
subject matter
adekoya v. fha
amusan v. abideyi
bauchi state government
claim of the plaintiff
facts of this case
fresh suit
good faith
high court
issue of statute
judgment of the high court of justice bauchi state
leading judgment
long line of cases
monica b. dongban-mensem
negotiating table
non-observance of the limitation act
nscqr page
philomena m. ekpe
question of jurisdiction
submission of the learned counsel
suo motu
time frame
uzo i. ndukwe-anyanwu

UZO I. NDUKWE-ANYANWU, J.C.A: (Delivering the Leading Judgment): This is an appeal against the Judgment of the High Court of Justice Bauchi State. Briefly the facts of this case is as follows:

Sometime in June 1993, the Appellant a parastatal of the Bauchi State Government auctioned 3 of its low loader beds vehicles. The Respondent paid N8,000.00 for one of the vehicles he bought from the auction.

The Respondent claimed that he made several attempts to collect what he paid for but could not. In frustration he instituted Suit No. BA/08M/2000.

The trial Court entered judgment in favour of the Respondent and ordered the Appellant to release the vehicle. The Appellant failed to release the vehicle and thereby caused the Respondent to initiate a fresh suit for specific performance, and general damages for breach of contract in Suit No. BA/37/2003.

The Judgment in this 2nd suit was also in favour of the Respondent.

The Appellant being dissatisfied filed a Notice and Grounds of Appeal. The…

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