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…

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