(2001) JELR 44295 (CA)    

Court of Appeal  ·  CA/J/148/97 ·  14 Mar 2001 ·  Nigeria
Other Citations
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
2nd defendant
learned trial judge
4th respondents
court processes
statement of claim
1st defendant
instant case
1st respondent
set aside
2nd respondent
above order
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
3rd defendant
above house
agreement assignment
bailiff of this honourable court
briefs of argument
case of the plaintiff
civil action
criminal proceedings
decisions of a high court
final decisions
following cases
haruna y. mshelia of counsel
leading judgment
order make compliance
order of specific performance
physical possession of the said property
service of a writ of summons
submissions of counsel
substituted service
trite law
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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