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BRIGGS
V.
C.L.O.R.S.N.

(2005) JELR 44974 (SC)

Supreme Court 29 Apr 2005 Nigeria
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- The Supreme Court affirmed the Court of Appeal’s grant of specific performance compelling the 1st and 2nd defendants to engross a deed of lease in favour of the plaintiff, declared the purported sale to the 3rd defendant null and void, an

Case Details

Suit Number:SC.68/2000
Judges:MOHAMMADU LAWAL UWAIS CJN SALIHU MODIBBO ALFA BELGORE JSC IDRIS LEGBO KUTIGI JSC DAHIRU MUSDAPHER JSC GEORGE ADESOLA OGUNTADE JSC
Counsel:Appellant absent and not represented; 1st and 2nd respondents absent and not represented; Chief Chris Uche, SAN (with him, D.N. Abuchi-Ogbonda (Mrs.); C.N. Nosike, Esq.; Mirriam Nogeze, (Miss.); Dr. L.I. Ofoegbu and Abdul Ibrahim, Esq.) For the 3rd Respondent.

KUTIGI, J.S.C. (Delivering the Leading Judgment): In the High Court of River State holden at Port Harcourt, the plaintiff claimed against the defendants jointly and severally as follows:-

"(a) A decree of specific performance constraining the 1st defendant to engross the deed as contained in paragraph 2 of the letter of renewal exhibit C, the plaintiff having perfected his obligation of payments of the necessary fees consequent to the engrossing of the deed.

(b) A declaration that the purported sale of the properly No. 9 Yenagoa Street, Diobu, Port Harcourt, also known as Plot 5 in Block 254, Oriji Layout, Diobu, Port Harcourt by the 2nd defendant to the 3rd defendant is null and void.

(c) N500,000.00 general damages for trespass to the property by the defendants jointly and severally.

(d) Rent for 35 rooms at N12.00 per room per month from 1/9/1986 until judgment is given from the 3rd defendant."

Each defendant filed a separate statement of defence. After the filling and exchange of …

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