KUPCHI
V.
NJOKU

(2018) JELR 39002 (CA)    

Court of Appeal  ·  CA/A/55/2016 ·  25 Apr 2018 ·  Nigeria
CORAM
ABUBAKAR DATTI YAHAYA Justice of The Court of Appeal of Nigeria PETER OLABISI IGE Justice of The Court of Appeal of Nigeria MOHAMMED MUSTAPHA Justice of The Court of Appeal of Nigeria
Core Terms Beta
appellant
respondent
exhibit a
counsel
contract
counter claim
evidence
agreement
trial judge
trial court
gashua close area
issues
issue no.
preliminary objection
stipulated time
support of the purported counter claim
time line
abubakar datti yahaya
breach of agreement
judgment of the trial court
learned trial judge
part payment
sale of flat
terms of the contract
valid counter claim
view of the fact
21st day of may
appellant made submission
attention of the trial court
case of mini lodge vs. ngei
clear finding of fact
days of the date of first payment
days of the offer
draft copy of the judgment
emori vs. esuku
facts of the instant case
fair hearing
high court of the federal capital territory
hon. justice othman a. musa
leading judgment
learned counsel
mini lodge ltd vs. ngei
payment timeline
peter olabisi ige
price of n6,835,500
purchase price
respect of the main suit
said time line
subject matter of this suit
sum of n2,164,000.00

ABUBAKAR DATTI YAHAYA, J.C.A. (Delivering the Leading Judgment): This is an appeal from the decision of the High Court of the Federal Capital Territory delivered on 21st day of May 2009, by Hon. Justice Othman A. Musa.

The respondent here, was the defendant before the High Court of the Federal Capital Territory (hereafter called the trial Court). Pursuant to the policy of the Federal Government to sell houses to occupants, the respondent was offered a house she was occupying, Flat 3 Block 16 situate at Gashua Close Area 8 Garki Abuja by the FCDA, at a price of N6,835,500 (six million, eight hundred and thirty-five thousand, five hundred naira only), to be paid in no more than three instalments. 10% of the purchase price to be paid within fourteen days of the offer and another 10% within 90 days of the date of first payment. As the respondent had no money at the time, she offered the appellant (the plaintiff at the trial Court) to purchase all her rights and interest in the offer letter…

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