YAMUSA
V.
AROMEH

(2001) JELR 50952 (CA)    

Court of Appeal  ·  CA/A/81/97 ·  19 Feb 2001 ·  Nigeria
CORAM
MUHAMMAD S. MUNTAKA-COOMASSIE, JCA (Presided) Z.A. BULKACHUWA, JCA (Read the Lead Judgment)
Core Terms Beta
appellant
court
plaintiff
law
counsel
fair hearing
respondents
trial court
issues
appeal
fact
case
first defendant
learned trial judge
trial judge
1st respondent
grounds of appeal
miscarriage of justice
2nd respondent
addresses
appellate court
circumstances of this case
leave of this court
lower court
preliminary objection
printed record
28th day of september
absence of address
additional grounds of appeal
adduced evidence
appellant’s claim
careful study
chief a. o. okugberu
chief asuquo ishie
contract agreement
cost of n450,000.00
counsel of both parties
determination of this court
examination of the records
findings of the learned trial judge
ground of appeal shows
grounds of fact
high court
lead judgment
original owner
refund of the balance sum of n530,000.00
sum of n20,000,000.00
supreme court
tender documents
weight of evidence

BULKACHUWA, JCA (Delivering the Lead Judgment): This case originated at the High Court, where by a writ of summons dated the 28th day of September, 1995 the appellant, then the plaintiff, claimed against the respondents, as defendants, the following reliefs: A declaration that there existed a contract agreement between the plaintiff and the first defendant, which contract the first defendant has breached;

(2) Refund of the balance sum of N530,000.00 (Five Hundred and Thirty Thousand Naira), being balance of the purchase price to be paid by the first defendant to the plaintiff for the house bought by the former from the latter as special damages; The plaintiff avers that by virtue of the fundamental breach of A the agreement by the first defendant, he has suffered inconvenience and untold hardship ; The plaintiff is therefore claiming from the first to sixth defendants jointly and severally the sum of N20,000,000.00 (Twenty Million Naira only) as general damages for the inconvenience an…

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