UNION BANK OF NIGERIA PLC
V.
ERIGBUEM

(2003) JELR 51089 (CA)    

Court of Appeal  ·  CA/B/270/2001 ·  7 Jul 2003 ·  Nigeria
CORAM
MUHAMMAD S. MUNTAKA-COOMASSIE, JCA (Presided) KUMAI BAYANG AKAAHS, JCA AMINA ADAMU AUGIE, JCA (Read the Lead Judgment)
Core Terms Beta
respondent
evidence
learned trial judge
special damages
1st defendant
general damages
2nd defendant
building plan
statement of claim
cross-examination
senior counsel
said contract of sale of land
trial
evaluation of evidence
general damages of n300,000.00
lower court
original title deeds of the property
claim of illiteracy
exclusive right
fact of registration
following issues
issue of mitigation of damages
learned trial judge fail
proposed building
vital issue of respondent
asaba judicial division of delta state
award of the said n7.1m
buyer of the said parcel of land
chief e. l. akpofure san
conclusion of the trial
defendants of the contract of sale
estimated cost of the building
exhibit a
exhibit b
favour of the respondent
following reliefs
high court
judgment of the lower court
lead judgment
number of exhibits
offer of n200,000.00
own side of the contract
proper evaluation of the evidence
public auction of the said piece
public auction sale of a property
said contract of sale
special damages of n7.1m
spite of all available evidence
spite of the overwhelming evidence
sum of n20,000,000.00

AUGIE, JCA(Delivering the Lead Judgment): This is an appeal against the judgment of Okoh J. sitting at High Court 4 in Asaba Judicial Division of Delta State delivered on the 25th day of June, 2001. In the action before the lower court, the respondent as plaintiff had sued the appellant who was a defendant, claiming the following reliefs in paragraph 31 of his statement of claim - 1. A declaration that the 1st defendant having accepted through the 2nd defendant the offer of N200,000.00 (two hundred thousand naira) for a piece or parcel of land measuring 1849.589 square meters situate along Nnebisi Road, Asaba is estopped from unilaterally revoking the said contract of sale between the plaintiff and the defendant purporting to disapprove of the plaintiff as the buyer of the said parcel of land.

An order of specific performance compelling the defendants to carry out their own side of the contract by handing over the original title deeds of the property as aforesaid and executing a deed…

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