EKA
V.
KUJU

(2013) JELR 46178 (CA)

Court of Appeal · CA/L/770/08 · 29 Nov 2013 · Nigeria

CORAM

SIDI DAUDA BAGE Justice of The Court of Appeal of Nigeria CHINWE EUGENIA IYIZOBA Justice of The Court of Appeal of Nigeria SAMUEL CHUKWUDUMEBI OSEJI Justice of The Court of Appeal of Nigeria

Ratio Decidendi

Core Terms ^Beta

appellant

respondent

defendant

plaintiff

counsel

learned trial judge

parties

contract

exhibit d1

possession of the land

trial court

valid contract

contract of sale

due process of law

1st instalment

amended statement of claim

statement of claim

trial judge

valuable consideration

exhibits d6

supreme court

24th day of march

exhibit p7

issues

judgment of obadina j. of the high court

lagos state

lands registry lagos

large piece

local government area of lagos state

paras e-b

parcel of land

permission of the respondent

statement of defence

agreed 1st instalment

agreed terms of the contract

cheque of ngn2,100,000.00

cover letter

declaration of statutory right of occupancy parcel

final result

high court of lagos state

leading judgment

no.13 page

payment of the consideration

purchase price of ngn3,100,000.00

statute bar

valid contract of sale of the land

verification of the title of the respondent

CHINWE EUGENIA IYIZOBA, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of Obadina J. of the High Court of Lagos State in suit no. ID/2146/99 delivered on the 24th day of March 2004 granting in part the reliefs claimed by the plaintiff/Respondent.

The Respondent who was the plaintiff in the court below owns a large piece or parcel of land at Block N12 Ogudu G.R.A. in Kosofe Local Government Area of Lagos State covered by Certificate of Occupancy dated the 7th day of February 1979 and registered as No.13 page 13 Volume 1800 of the Register of Deeds at the Lands Registry Lagos. The Appellant who owns the adjacent plot met the Respondent in 1988 after he had written several letters to him offering to buy the land but the Respondent refused to sell. The Appellant then sought the permission of the Respondent to park his vehicles on the land which permission the Respondent granted and the Appellant then erected a fence to secure his vehicles.

In 1998, the A…

EKA V. KUJU

EKA
V.
KUJU