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OLASUNKANMI GREG AGBABIAKA (SUBSTITUTED FOR ALHAJI S. O. AGBABIAKA (DECEASED) BY ORDER OF COURT DATED FEBRUARY 25TH, 2003) V. FIRST BANK OF NIG. PLC

(2006) JELR 53464 (CA)

Court of Appeal  •  CA/L/49/2001  •  16 May 2006  •  Nigeria

Coram
DALHATU ADAMU JCA (Presided) MOHAMMED LAWAL GARBA JCA SOTONYE DENTON-WEST JCA (Read the Lead Judgment)

Judgement

DENTON-WEST JCA (Delivering the Lead Judgment): The respondent in this appeal who was the plaintiff in the High Court of Lagos State, claimed in that court as per its writ of summons and amended statement of claim:- An order for the specific performance of the agreement between the plaintiff and the defendant (i.e.) that the defendant should forthwith deliver the certificate of occupancy in respect of the property at No. 22, Akinbaiye street, Isolo, Lagos to the plaintiff. The total debt of the sum of N844,207.06k as at the 17th June, 1992. 15% interest on the total sum owed from 29 January, 1985 until judgment and 10% thereafter until the entire judgment debt is obtained.

Costs as this honourable court may deem fit and proper to award in the circumstance. The respondent also filed an application in the lower court for summary judgment under Orders 10 and 11, rules 1 and 2 of the High Court of Lagos State (Civil Procedure) Rules of 1972 and under the inherent jurisdiction of the honour…

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