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…