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OGUNMOLA
V.
KIDA

(2001) JELR 44295 (CA)

Court of Appeal 14 Mar 2001 Nigeria
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- The plaintiff/respondent sued for specific performance or alternatively, refund of N625,000 and damages arising from a failed assignment of real property at 4A Ahmadu Close, Damboa Road, GRA, Maiduguri, having paid the agreed purchase pri

Case Details

Suit Number:CA/J/148/97
Judges: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
Counsel:S.N. Agweh, Esq. For Appellant H.Y. Mshelia, Esq.,(with H.A. Hala Esq.) For Respondent
Other Citations:Ogunmola v. Kida (2001) 11 NWLR (Pt.726)93, (2001) 12 NWLR (Pt. 726) 93

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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