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MR OLAGOKE AKINSULIE & ANOR. V. MR MICHAEL OGUNYANJU

(2011) JELR 46707 (CA)

Court of Appeal  •  CA/B/252/2004  •  3 Mar 2011  •  Nigeria

Coram
NWALI SYLVESTER NGWUTA JCA; CHINWE EUGENIA IYIZOBA JCA; MOORE A. A. ADUMEIN JCA;

Judgement

CHINWE IYIZOBA, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of Ogunwumiju J of the Ondo State Judiciary (as he then was) sitting at Ondo delivered on the 31st day of May, 2004 in which judgment was given in favour of the Respondent for damages for breach of contract.

The facts of the case are that the respondent as the plaintiff sued the appellants claiming N2.5 million naira general and specific damages for breach of the contract agreement entered into by the parties. One Ademola Akinsulie, the son of the Appellants resident in the United States decided to finance the construction of a duplex house for his parents, the appellants. Ademola and the respondent discussed and agreed on the terms of the building agreement. Ademola then stepped aside and left his parents to sign the contract agreement with the respondent. The 1st appellant and the respondent thereupon executed the contract agreement admitted in evidence as Exhibit P4. Although the name o…

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