MACCIDO
V.
FRIDAY

(2014) JELR 40207 (CA)    

Court of Appeal  ·  CA/S/63/2012 ·  20 Feb 2014 ·  Nigeria
CORAM
AHMAD OLAREWAJU BELGORE Justice of The Court of Appeal of Nigeria TUNDE O. AWOTOYE Justice of The Court of Appeal of Nigeria JAMES SHEHU ABIRIYI Justice of The Court of Appeal of Nigeria
Core Terms Beta
defendant
plaintiff
respondent
court
bafarawa estate sokoto
title documents
issues
trial judge
grounds of appeal
lower court
sale of house no.
hearsay evidence
learned trial judge
evidence of pw2
favour of the plaintiff
house no.
omnibus ground
brief of argument
issue no.1
breach of contract
decision of the court
direct evidence
issue no.2
olaniran v adebayo
sales agreement
absence of credible evidence
civil cases
court interest
documentary evidence
evaluation of facts
evidence of respondent
issue no.3
leading judgment
m.a sambo of counsel
nig ltd
notice of appeal
order of specific performance of the contract
own part of the contract agreement
plaintiff claims
respect of the appeal
said sums of n125,000.00
said sums of n1,500,000.00
satisfaction of the value of house
sums of n1,500,000.00
testimony of pw2
v alhaji b. i. yusuf
valid contract
value of the plaintiff cry jeep
v lion of africa insurance ltd

TUNDE O. AWOTOYE, J.C.A. (Delivering the Leading Judgment): This is the judgment in respect of the appeal filed by the defendant in suit No SS/23/2011: DR YAKUBU ABDULLAHI MACCIDO V. MAL. MUH'D NURUDEEN FRIDAY delivered on 18/4/2012.

The plaintiff in the court below had instituted an action against the defendant (now appellant) claiming as per paragraph 37 of the statement of claim as follows:

37. WHERE OF the Plaintiff claims as follows:

1. An order of specific performance of the contract entered into between the Plaintiff and the defendant relating to the sale of House No. 82 Bafarawa Estate Sokoto.

2. An order directing/ mandating the Defendant to execute a sales agreement in favour of the Plaintiff and to surrender forthwith to the Plaintiff all the title documents relating to House No. 82 Bafarawa Estate Sokoto.

ALTERNATIVELY

3. An order mandating the defendant to refund to the Plaintiff the sums of N1,500,000.00 (One Million Five Hundred Thousand Naira) being the value of the P…

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