(2005) JELR 45147 (CA)    

Court of Appeal  ·  CA/J/225/2000 ·  7 Feb 2005 ·  Nigeria
ALOMA MARIAM MUKHTAR Justice of The Court of Appeal of Nigeria AMIRU SANUSI Justice of The Court of Appeal of Nigeria IFEYINWA CECILIA NZEAKO Justice of The Court of Appeal of Nigeria
Core Terms Beta
favour of the respondent
learned trial judge
balance of the purchase price
balance of n3,500
brief of argument
sale agreement
trial judge
documents of ownership
order of the honourable court
payment of the balance of the purchase price
reasonable time
said balance
statement of claim
adamawa state
agreed time
alhaji abdu jalo
aloma mariam mukhtar
balance of w3
contract of sale agreement
defence of the appellant
exhibit a
final issue
following provisions
grounds of appeal
ifeyinwa cecilia nzeako
leading judgment
learned counsel
m. ali muhammadu
part payment of n12,500
payment of the balance of n3,500.00
plaintiffs case
plaintiffs claim
present case
purchase price
reasonable period
said law
specific performance of the contract of sale
support of the above averment
time lapse
treatment of the issues

ALOMA MARIAM MUKHTAR, J.C.A. (Delivering the Leading Judgment): A suit (No. ADSY/7/94) filed by the Plaintiff who is the Respondent in this appeal was struck out on 17/2/94. The Plaintiff applied that the case be relisted on the court's cause list, and his prayer was granted on 28/3/95. The Plaintiffs case against the Defendant as per his statement of claim is - that he bought a house situated at Demasawo 'A' Ward Jimeta-Yola at N16,000.00 from the Defendant. The agreement was that the Plaintiff will make a part payment of N12,500, after which on payment of the balance of N3,500.00 the documents of ownership i.e. the complete documents of title will be handed to him by the Defendant. However, the Defendant reneged Ilorin the agreement and refused to surrender the house and also refused to collect the balance of N3,500 in spite of the fact that the Plaintiff had paid the initial N12,500 agreed upon. The Plaintiff claimed against the Defendant the following:

(i) Specific performance of …

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