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REV. P. K. AGUNBIADE & ANOR v. MRS. OGIDAN & ORS

(2016) JELR 37154 (CA)

Court of Appeal  •  CA/AK/137/2011  •  2 Feb 2016  •  Nigeria

Coram
MOJEED ADEKUNLE OWOADE JCA; MOHAMMED AMBI-USI DANJUMA JCA; JAMES SHEHU ABIRIYI JCA;

Judgement

MOHAMMED AMBI-USI?DANJUMA, J.C.A. (Delivering the Leading Judgment): By a judgment delivered on 26th day of January, 2011, the High Court of Ondo State per Hon. Justice A. O. Odusola sitting at the Akure Judicial Division, granted a declaration that the Appellants had made out a case of their breach of fundamental human right relating to the detention of property to wit a pavilion tent worth N4, 000,000.00 (Four Million Naira) which was being used for commercial or rental purposes and a subject of a contract of purchase from the 1st Respondent.

From the record of appeal, it is clear that part payment in substantial contract price had been made.

The dispute was on whether or not the said pavilion had been handed over to the 1st Appellant by the 1st Respondent before the full payment which had been shown to have been made in installments or that the pavilion was taken by an act of forgery, constituting theft.

The appellants had claimed that the pavilion tent was forcefully retrieved and…

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