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DAHIRU
V.
KAMALE.

(2004) JELR 51015 (CA)    

Court of Appeal  ·  CA/J/68/97 ·  13 Dec 2004 ·  Nigeria
 · 
Other Citations
Dahiru v. Kamale (2005) 9 NWLR (Pt. 929) 8
CORAM
OLUDADE OLADAPO OBADINA JCA (Presided) IFEYINWA CECILIA NZEAKO JCA IKECHI FRANCIS OGBUAGU JCA (Read the Lead Judgment)

Ratio Decidendi

Core Terms Beta
respondent
appellants
law
page
parties
1st appellant
1st defendant
2nd appellant
learned counsel
miscarriage of justice
2nd defendant
learned trial court judge
cross-examination
grounds of appeal
governor’s consent
issues
inter alia
calm view of the pleadings
court of appeal rules
lower court
selling price
provisions of section
respect of the property
said decision
sale of land transaction
1st defendant’s counter offer
chief ifezue v
contract of sale
counter-claims of thedefendants
date of the receipt of the said cheque
decision of the adamawa state high court
documentary evidence
duty of the 1st defendant
facts of this case
favour of the plaintiff
following facts
following reliefs
inquiry of the 2nd defendant
judicial authorities
lead judgment
long delay
oral evidence
respective issues
right decision
said balance
said issues of the parties
subject matter of this appeal
surrender of the title deeds of the property
title documents of the said property
unexplained delay

OGBUAGU JCA (Delivering the Lead Judgment): This is an appeal against the judgment/decision of the Adamawa State High Court sitting at Yola dated 15th May, 1996, but delivered on 20th June, 1996, by Gwam J. in favour of the plaintiff/respondent and dismissing the counter-claims of thedefendants/appellants.

Dissatisfied with the said decision, the appellants have appealed on nine (9) grounds of appeal which without their particulars, read as follows:

Ground 1: Error in law

The learned trial court Judge erred in law when he delivered judgment in the suit on the 15th day of May, 1996, a period over six months from the day of final address by counsel.

Ground 2: Error in law

The learned trial court Judge erred in law when he found that on the oral evidence and documentary evidence adduced by the parties, they did not arrive at a consensus ad idem as to the selling price.

Ground 3: Error in law

The learned trial court Judge erred in law when he held that the plaintiff did not accept the …

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