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MRS. MABEL OSANYA AKALE v. MRS. BOSAYO OMALE

(2017) JELR 37492 (CA)

Court of Appeal  •  CA/K/149/2016  •  22 Jun 2017  •  Nigeria

Coram
IBRAHIM SHATA BDLIYA JCA; OLUDOTUN ADEBOLA ADEFOPE-OKOJIE JCA; AMINA AUDI WAMBAI JCA;

Judgement

IBRAHIM SHATA BDLIYA, J.C.A. (Delivering the Leading Judgment): The facts of the events culminating to the institution of suit No. KDH/KAD/617/2015 by the respondent (as plaintiff) against the appellant (as defendant) before the Kaduna State High Court (the lower Court) are simple and straightforward. Sometime in August 2013, the respondent purchased a parcel of landed property known as No. 1A Ethiopian Crescent, Off Dantuku Road, Kaduna from the appellant for a consideration of ₦22 Million. The respondent paid for and was issued a receipt acknowledging the payment. The respondent could not take possession of the land because another person (a 3rd party) claimed title to it having surrounded it with a perimeter fence. After contacting the appellant without any meaning success to resolve the issue of title to the land, she demanded for the refund of her ₦22M from the appellant. The respondent instructed her counsel to write a letter of demand to the appellant. The appellant conceded th…

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