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TITUS & ORS
V.
BADO

(2018) JELR 39474 (CA)

Court of Appeal 21 Mar 2018 Nigeria
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- Respondent (Plaintiff at trial) claimed declarations that a sale agreement for land in Kwata Ward, Yola, was illegal, null, and void due to misrepresentation, sought to set it aside, and requested refund of N165,000 (purchase price), N8,0

Case Details

Suit Number:CA/YL/87/2017
Judges:OYEBISI FOLAYEMI OMOLEYE Justice of The Court of Appeal of Nigeria JAMES SHEHU ABIRIYI Justice of The Court of Appeal of Nigeria SAIDU TANKO HUSSAINI Justice of The Court of Appeal of Nigeria
Counsel:M. Y. USMAN Esq. For Appellant Sule J. Abul Esq. For Respondent

JAMES SHEHU ABIRIYI, J.C.A.(Deliveiring the Leading Judgment): This appeal is against the judgment delivered on 12th January, 2017 in the High Court of Adamawa State holden at Yola in Suit No: ADSN/10/2012.

The Respondent as plaintiff took out a writ against the Appellants as defendants claiming the following:

(i) A declaration that the sale agreement entered into between the Plaintiff and the 1st, 3rd and 4th Defendants in respect of land at Kwata Ward if at all an agreement is altogether illegal null and void.

(ii) An order of Court setting aside the sale agreement entered between the Plaintiff and the 1st, 3rd and 4th Defendants due to misrepresentation.

(iii) An order of Court directing the Defendants to refund to the Plaintiff the sum of N165,000.00 (One Hundred and Sixty Five Thousand Naira) only paid for the land and 8,000.00 (Eight Thousand Naira) only paid to the Ward Head by the Plaintiff.

(iv) 1,000.00.00 (One Million Naira) only general damages.

(v) N2,544,250.00 (Two Million Fi…

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