Court of Appeal · CA/J/148/97 · 14 Mar 2001 · Nigeria ·
Ogunmola v. Kida (2001) 11 NWLR (Pt.726)93 Ogunmola v. Kida (2001) 12 NWLR (Pt. 726) 93
ALOMA MARIAM MUKHTAR Justice of The Court of Appeal of Nigeria
OLUDADE OLADAPO OBADINA Justice of The Court of Appeal of Nigeria
IFEYINWA CECILIA NZEAKO Justice of The Court of Appeal of Nigeria
Core Terms Beta
writ of summons
grounds of appeal
learned trial judge
statement of claim
ahmadu close damboa road
borno state civil procedure rules
court of appeal rules
hearing of the appeal
last known place of abode
order of this honourable court
sum of n625,000.00
bailiff of this honourable court
briefs of argument
case of the plaintiff
decisions of a high court
haruna y. mshelia of counsel
order make compliance
order of specific performance
physical possession of the said property
service of a writ of summons
submissions of counsel
view of the fact
virtue of the provisions of section
MUKHTAR, J.C.A. (Delivering the Leading Judgment): In the court below the plaintiff who is now the respondent in this appeal claimed the following reliefs in his statement of claim, which supersedes the writ. See Korobotei v. Obubo (1999) 9 NWLR (Pt.620) 655.
(a) An order of specific performance compelling the defendants jointly and severally to conclude the agreement assignment in respect of property situate and lying at No. 4A Ahmadu Close Damboa Road, GRA., Maiduguri between the plaintiff and the defendant by delivering of the title deeds and physical possession of the said property to the plaintiff.
Or in the alternative
An order for the repayment to the plaintiff the sum of N625,000.00 by the defendants being the sum collected by the defendants from the plaintiff as consideration for the assignment of the said property.
N50,000.00 general damages for breach of the said contract of assignment.
(b) The cost of this suit.
Briefly put, the case of the plaintiff is that the plainti…
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