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MBANEFO
V.
AGBU & ANOR

(2014) JELR 42244 (SC)

Supreme Court 31 Jan 2014 Nigeria
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- This case involves a dispute over the sale of a plot of land in Onitsha, Anambra State, Nigeria. - The appellant, the buyer of the land, claims that the respondents, the seller and their lawyer, sold the land to someone else and failed to

Case Details

Suit Number:SC.179/2007
Judges:MAHMUD MOHAMMED Justice of The Supreme Court of Nigeria CHRISTOPHER MITCHELL CHUKWUMA-ENEH Justice of The Supreme Court of Nigeria CLARA BATA OGUNBIYI Justice of The Supreme Court of Nigeria KUMAI BAYANG AKA'AHS Justice of The Supreme Court of Nigeria KUDIRAT M.O. KEKERE-EKUN Justice of The Supreme Court of Nigeria
Counsel:Onyechi Araka with B. I. Oluwade (Mrs) and Rita Ilukwe (Mrs) For Appellant Chidi Obieze with Udoka Ekwealo (Mrs), Kingsley Nnajoka and S. O. Kopodudu For Respondent

CHRISTOPHER MITCHELL CHUKWUMA-ENEH, J.S.C (Delivering the Leading Judgment): This appeal is against the decision of the Court of Appeal Enugu Judicial Division allowing the appeal against the judgment of the High Court sitting at Onitsha Anambra State for ordering in favour of the plaintiff the refund to him of the purchase price and the award of general damages for breach of contract of sale of a plot of land situate at Akwuefe Lavout Umutasia of Ogbeodogwu at "3-3" in Onitsha Urban of Anambra State with costs assessed and fixed at N3,000.00. The matter has now come to this court on appeal lodged by the plaintiff.

Evidently from the pleadings filed and exchanged by the parties as well as from their respective viva voce testimonies in the case at the trial court the facts of this case are not complicated. They run as follows: In this court the plaintiff is the appellant and the 1st defendant (a legal practitioner) and the 2nd defendant (at all material times the vendor in this matter)…

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