Customer Support

ESENOWO
V.
SAM

(2013) JELR 35617 (CA)

Court of Appeal 28 May 2013 Nigeria
BriefBot icon

BriefBot Summary

Free

- The appellant (plaintiff) entered into an oral agreement in 1993 to purchase the respondent’s (defendant’s) property at No. 13 Edet Eyo Crescent, Calabar for N200,000, to be paid in installments; the respondent later unilaterally increase

Case Details

Suit Number:CA/C/138/2010
Judges:UZO I. NDUKWE-ANYANWU Justice of The Court of Appeal of Nigeria JOSEPH TINE TUR Justice of The Court of Appeal of Nigeria ONYEKACHI A. OTISI Justice of The Court of Appeal of Nigeria
Counsel:D. Diegbe with himV. Itam U. Essien For Appellant Chief G. A. Udousoro with himF. E. EkanemH. N. Usim For Respondent

UZO I. NDUKWE-ANYANWU, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of the High Court of Cross River State sitting in Calabar delivered on 18th February, 2010 in suit No HC/285/2000. The appellant in this appeal was the Plaintiff in the court below. He sued the Respondent as Defendant and claimed as follows in his Amended Statement of Claim dated 23rd June, 2003.

(i) A declaration that the only binding, valid and legally enforceable contract between the parties herein is that wherein the Plaintiff was to pay N200,000.00 by unagreed installment and no time bar to the Defendant for the purchase of No.13 Edet Eyo Crescent Calabar.

(ii) A declaration that parties herein having mutually agreed that Defendant was to sell the property at No. 13 Edet Eyo Crescent, Calabar to the Plaintiff for N200,000.00 payable by installment, the unilateral and capricious increase of the purchase price by N500,000.00, by the Defendant when Plaintiff had paid a total of N1…

There's more. Sign in to continue reading.

judy.legal is the comprehensive database of case law and legislation from Ghana, Kenya and Nigeria. Gain seamless access to over 77,000 cases, recent judgments, statutes, and rules of court.