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KIDA
V.
OGUNMOLA

(2006) JELR 33647 (SC)

Supreme Court 16 Jun 2006 Nigeria
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- The plaintiff filed a suit against the defendants for specific performance or repayment of a sum of money, damages, and costs. - The court bailiff was only able to serve the writ and statement of claim on the 1st and 5th defendants. - The

Case Details

Suit Number:SC.383/2001
Judges:IDRIS LEGBO KUTIGI JSC ALOYSIUS IYORGYER KATSINA-ALU JSC DAHIRU MUSDAPHER JSC IGNATIUS CHUKWUDI PATS-ACHOLONU JSC GEORGE ADESOLA OGUNTADE JSC
Counsel:Appellant unrepresented; Samuel N. Agweh For the Respondent.
Other Citations:(2006) 13 NWLR (Pt. 997) 377, Kida v. Ogunmola [2006] 13 NWLR (Pt.997) 377

MUSDAPHER, J.S.C. (Delivering the Leading Judgment): In the High Court of Justice of Borno State of Nigeria, in the Maiduguri Judicial Division and in suit No. M/391/94, the plaintiff claimed against the defendants as follows:

(a) An order for specific performance compelling the defendants jointly and severally to conclude the agreement for assignment in respect of property situate and lying at No. 4A Ahmadu Close, Damboa Road, GRA, Maiduguri between the plaintiff and the defendants by delivering of the title deeds and the physical possession of the said property to the plaintiff. Or in the alternative - An order for the repayment to the plaintiff the sum of N625,000.00 by the defendant being the sum collected by the defendants from the plaintiff as consideration for the assignment of the said property. N50,000.00 general damages for the breach of contract.

(b) The cost of the suit."

The five defendants mentioned in the suit included the respondent herein Mr. A. D. Ogunmola who was t…

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