Ratio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio Decidendi



UDEDIKE
V.
UFOMADU

(2018) JELR 38902 (CA)    

Court of Appeal  ·  CA/I/212/2012 ·  13 Jun 2018 ·  Nigeria
CORAM
CHINWE EUGENIA IYIZOBA Justice of The Court of Appeal of Nigeria HARUNA SIMON TSAMMANI Justice of The Court of Appeal of Nigeria NONYEREM OKORONKWO Justice of The Court of Appeal of Nigeria

Ratio Decidendi

Core Terms Beta
defendant
claimant
counsel
learned trial judge
instant case
kayode anifowoshe street
river valley estate
vacant possession
exhibit ce19
purchase price
ogun state
exhibits ce19
full payment of the purchase price
grounds of appeal
amended notice of appeal
breach of the contract of sale
statement of claim
trial judge
cases of odusoga v
counter offer
issue of vacant possession
learned trial judge ought
notice of appeal
14th february
appellant letter
appellant offer letter
appellants brief of argument
balance of n2.5
conclusion of the learned trial judge
exhibit de1
following issues
follow-up of her letter of january 8th
last payment
lower court
part payment of n14
payment of agency fee
post transaction issues
proposed purchase price
purchase price of n16.5m
purchase price of the claimant
purchaser fails
rash assertion of her false land ladyship
rejection of the defendant
respondents version of the facts
said letter
sale of his property
sum of n16,500,000
trial conference

CHINWE EUGENIA IYIZOBA, JCA (Delivering the Leading Judgment): This is an appeal against the judgment of Ogun State High Court Ota Judicial Division in Suit No HCT/96/09 delivered on the 25th day of June, 2012 Coram A. A. Babawale J.

THE FACTS:

The facts leading to the institution of this suit as summarized in the Appellants brief of argument are as follows:

Sometime in 2006, the claimant through his agent offered in a letter dated 16th December, 2006 to sell his one story building of 4 flats of 3 bedrooms each situate at No. 3 Kayode Anifowoshe Street, River Valley Estate, Ojodu-Berger, Ogun State to the defendant for N20,000,000 (Twenty Million Naira). In addition the said letter contained agency fee of 5% of the total consideration.

The defendant made a counter offer to purchase the property for N15, 000,000, rejecting the agency fee clause and introducing a new clause for vacant possession.

Being a radical departure from the terms offered by the claimant, the claimant unequivocally rej…

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