(2007) JELR 38812 (CA)    

Court of Appeal  ·  CA/L/232/2000 ·  7 Nov 2007 ·  Nigeria
ISA AYO SALAMI Justice of The Court of Appeal of Nigeria OFR Justice of The Court of Appeal of Nigeria PAUL ADAMU GALINJE Justice of The Court of Appeal of Nigeria ADZIRA GANA MSHELIA Justice of The Court of Appeal of Nigeria
Core Terms Beta
9th october
2nd appellant
lower court
learned counsel
public holiday
summary judgment
2nd october
learned trial judge
proceedings of 9th october
1st appellant
sufficient opportunity
22nd day of october
adjourned date
limited liability company
new legal year service
record of this appeal
statement of claim
victoria island
1st defendant
25th august
adeyemi v y.r.s. ike-oluwa
adjourned date of the case
advance payments
behalf of the respondent
briefs of argument
chief executive of the 1st appellant
company secretary
date of payment
decision of lagos state high court
different dates
facts of the case
following entry
following reliefs
fresh hearing notice
full trial
given case
leading judgment
learned judge
mr. emeka ezetendu
order set
paragraphs affidavit
purchase of a price of land
respondents statement of claim
said sum
statement of the learned trial judge

PAUL ADAMU GALINJE, J.C.A. (delivering the leading judgment): This is an appeal against the decision of Lagos State High Court which was delivered on the 22nd day of October 1995.

By a writ of Summons and a statement of claim which were filed on the 27th of January 1995, the respondent herein who was the Plaintiff at the lower Court, claimed against the Appellants the following reliefs:-

"(a) N4, 279,432.80 being the total amount that the plaintiff paid the Defendants as advance payments for the purchase of a price of land at Ozumba Mbadiwe street, Victoria Island, Lagos which was allocated to the 1st Defendant by the Federal Ministry of Works and Housing and the various amounts the Plaintiff expended in the processing of the original Deed of Leases which the Defendants refused to assign to the Plaintiff as agreed and on the said sum at the ate (sic) of 20% from the date of payment till judgment.

(b) N1,000,000.00 general damages (sic) for breach of Contract."

The facts of the case th…

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