ODOGWU
V.
AMZARANDA

(2010) JELR 40139 (CA)

Court of Appeal · CA/A/74/08 · 2 Jun 2010 · Nigeria

CORAM

UWANI MUSA ABBA AJI Justice of The Court of Appeal of Nigeria MARY PETER-ODILI Justice of The Court of Appeal of Nigeria ABDU ABOKI Justice of The Court of Appeal of Nigeria

Core Terms ^Beta

respondent

appellant

counsel

plaintiff

akin adewale

p. o. okolo

trial court

order of specific performance

reasonable time

learned trial judge

learned counsel

lower court

part of the respondent

remedy of specific performance

supreme court

appellant read

balance of n646

contract of sale of his property

credit sale

exhibits s

gra suleja

lone issue

specific performance of the contract

agreed sum en bloc

beginning of the transaction

behalf of the appellant

brief fact of the case

evidence show

evidence shows

exhibits c

favour of the respondent

first deposit of n105

good time

house of the appellant

judgment balance of the money

judgment of the high court

judicial discretion

leading judgment

purchase price of n900

real payment

respondent akin adewale

said n900,000 en bloc

suleja niger state

utc suleja

view of the evidence

v. learned counsel

written agreement

ABDU ABOKI, J.C.A. (Delivered the Leading judgment) This Appeal is against the Judgment of the High Court 1 Suleja Niger State delivered on 20th September 2007, by Hon. Justice Oseni Oyewo.

The brief fact of the case is that the Appellant and the Respondent were friends and colleagues who had worked together for a number of years at UTC Suleja/Abuja. In 1998, the Respondent agreed to buy the house of the Appellant known as Plot 24 GRA Suleja and the Appellant agreed to sell same at the purchase price of N900, 000. 00 (Nine Hundred Thousand Naira). The Plaintiff confessed that he could not raise the agreed sum en bloc but that he would pay instalmentally. The Plaintiff made the first deposit of N105, 000. 00 (One Hundred and Five Thousand Naira) and also the sum of N62, 000. 00 (Sixty-Two Thousand Naira) on 16/12/98. Two receipts were tendered to evidence these deposits as Exhibits C and D respectively. The Appellant acknowledged the receipt of the total sum of N244, 725. 00 (Two Hundr…

ODOGWU V. AMZARANDA

ODOGWU
V.
AMZARANDA