Ratio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio Decidendi



MANYA
V.
IDRIS

(2000) JELR 43929 (CA)    

Court of Appeal  ·  CA/K/29/97 ·  14 Mar 2000 ·  Nigeria
 · 
Other Citations
Manya v. Idris (2001) 8 NWLR (Pt. 716) 627
CORAM
ISA AYO SALAMI JCA MAHMUD MOHAMMED JCA OLUDADE OLADAPO OBADINA JCA

Ratio Decidendi

Core Terms Beta
appellant
respondent
court
issues
grounds of appeal
purchase price
balance of the purchase price
customary law
instant appeal
trial court
learned trial judge
remaining purchase price
submission of the learned counsel
upper area court
contract of sale of land
high court
part payment
spite of several demands
account of breach of payment
account of his occupation of the landed property
briefs of argument
circumstances of this case
course of a tenancy agreement
decision of tani yusuf hassan
facts of this case
failure of the trial court
kano state high court of justice
leading judgment
legal estate
present case
procedure of this court
purchase of the mud house
purchaser defaults
purchaser fails
respective parties
respect of the contract
respondent possession of the property
restoration of his title
right of the vendor
rules of law
said defendant
strict rule of law
such payment
such possession
tenant of the respondent
undated respondent
valid sale of land
waje area court

SALAMI, J.C.A. (Delivering the Leading Judgment): This is an appeal against the decision of Tani Yusuf Hassan, J., of the Kano State High Court of Justice, sitting in Kano, in suit No. K/402/94 delivered on the 5th December, 1996, in an action brought by the Respondent, as the Plaintiff against the Appellant, as Defendant, claiming five declaratory reliefs and damages for trespass. Pleadings were filed, exchanged and settled at statements of claim and defence. The plaintiff testified on behalf of himself and called two other witnesses. On the other hand, the defendant testified and called four other persons as witnesses for defence. Learned Counsel for the respective parties addressed the Court. The learned trial Judge, in a reserved and considered judgment, found that the consideration for the contract of sale of land between the parties had failed and granted the Respondent possession of the property in dispute in addition to an award of ₦20,000.00 damages for trespass.

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