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…

UNION BANK OF NIGERIA PLC V. ERIGBUEM

UNION BANK OF NIGERIA PLC
V.
ERIGBUEM