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TIRWUN
V.
JAKKADA

(2013) JELR 35275 (CA)

Court of Appeal 19 Dec 2013 Nigeria
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Case Details

Suit Number:CA/J/353/2007
Judges:TIJJANI ABDULLAHI Justice of The Court of Appeal of Nigeria ALI ABUBAKAR BABANDI GUMEL Justice of The Court of Appeal of Nigeria IBRAHIM SHATA BDLIYA Justice of The Court of Appeal of Nigeria
Counsel:D. M. Abejeme Esq. For Appellant Jibrin S. Jibrin Esq. For Respondent

IBRAHIM SHATA BDLIYA, J.C.A. (Delivering the Leading Judgment): Before the Bauchi High Court of Justice, presided by Justice Sulaiman Darazo, chief Judge, (hereinafter referred to as the lower court), the respondent who was the plaintiff sued the appellant who was the defendant claiming as follows:

a). A DECLARATION that the Plaintiff is entitled to the assignment of property comprised and covered by C of O No.BA/5887.

b). AN ORDER of specific performance to effect the assignment.

c). A DECLARATION that the repudiation of the contract by the Defendant by refusing to accept the balance of purchase price after he collected the C of O from the Bank without the knowledge of Plaintiff is wrongful and void.

d.) A DECLARATION that any purported sale, transfer assignment including the Defendant's occupation of the property is equally null and void.

e). A PERPETUAL INJUNCTION restraining the Defendant, his agents, servant, privies or otherwise from selling, leasing, assigning or dealing or ali…

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