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OMINIYI
V.
ALABI

(2015) JELR 40747 (SC)

Supreme Court 27 Feb 2015 Nigeria
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Case Details

Suit Number:SC.41/2004
Judges:IBRAHIM TANKO MUHAMMAD Justice of The Supreme Court of Nigeria JOHN AFOLABI FABIYI Justice of The Supreme Court of Nigeria MUSA DATTIJO MUHAMMAD Justice of The Supreme Court of Nigeria CLARA BATA OGUNBIYI Justice of The Supreme Court of Nigeria KUDIRAT MOTONMORI OLATOKUNBO KEKERE-EKUN Justice of The Supreme Court of Nigeria
Counsel:KEHINDE OGUNWUMIJU ESQ. For Appellant OLUMIDE OLUJINMI ESQ. Olukayode Ariwoola Jnr, Oluyomi Akintola (Miss) and Ifedolapo Esan (Miss). For Respondent

KUDIRAT MOTONMORI OLATOKUNBO KEKERE-EKUN, J.S.C. (Delivering the Leading Judgment): This is an appeal against the judgment of the Court of Appeal, Ibadan Division delivered on 9/7/2003 allowing in part the appellant's appeal from the judgment of the High Court of Osun State, Osogbo Judicial Division delivered on 3/3/1997. The part of the judgment complained of as stated in the Notice of Appeal filed on 3/10/2003 is "that part relating to the refusal of the relief for specific performance based on the date stated on Exhibits A and B."

A brief summary of the facts that led to the decision complained of are as follows: Sometime in 1993, the appellant purchased a parcel of land with a completed building of 4 flats thereon from the respondent at Osogbo, Osun State for N350,000.00. A sale agreement was prepared and executed by the parties (Exhibit E). In furtherance of the agreement the respondent also executed Exhibit A, titled "acknowledgment/ratification document". Letters of introductio…

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