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DALFAM NIGERIA LTD
V.
OKAKU INT'L LTD & ORS

(2014) JELR 34198 (CA)

Court of Appeal 22 Jan 2014 Nigeria
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- The dispute arose from the sale of Plot No. 697, Area BC Asokoro District, Abuja, covered by Certificate of Occupancy No. FCT/ABU/MISC/3562, by the 1st respondent (vendor) to the appellant (purchaser) for ₦28,000,000, with a Deed of Assig

Case Details

Suit Number:CA/A/100/2009
Judges:ABUBAKAR DATTI YAHAYA Justice of The Court of Appeal of Nigeria JOSEPH TINE TUR Justice of The Court of Appeal of Nigeria MOORE A. A. ADUMEIN Justice of The Court of Appeal of Nigeria
Counsel:Chief Mamman Mike Osuman (SAN) with Donald Okogbe For Appellant Samuel Zibiri for the 1st Respondent.J. O. Abari with J. O. Owulo for the 2nd, 3rd and 4th Respondents. For Respondent

ABUBAKAR DATTI YAHAYA, J.C.A.(Delivering the Leading Judgment): This appeal is from the judgment of the High Court of the Federal Capital Territory in consolidated Suits Nos. FCT/HC/CV/207/02 and FCT/HC/CV/407/02, delivered on the 13th day of May 2008.

The 1st respondent herein, as plaintiff, instituted the said two Suits at the High Court of the Federal Capital Territory Abuja. The two Suits were consolidated. The appellant herein, filed a defence and a counter claim to the two Suits. It was the dissatisfaction of the judgment by the appellant that led to this appeal.

The first respondent was allotted Plot No.697 at Area BC Asokoro District Abuja, covered by certificate of Occupancy No.FCT/ABU/MISC 3562. The 1st respondent failed to develop the property within the stipulated period, and the 3rd respondent threatened to revoke it. In order to avoid this revocation, the 1st respondent agreed to sell the Plot No. 697 to the appellant for the sum of ₦28,000.000, They executed a Deed of A…

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