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BEWAC AUTOMOTIVE PRODUCTS LTD & G. N. OPIAH V. REVEREND JUSTINA A. CHUKWU IKE (SUBSTITUTED BY ORDER OF COURT ON THE 22ND JUNE, 2020)

(2021) JELR 109355 (CA)

Court of Appeal  •  CA/E/135/2011  •  20 May 2021  •  Nigeria

Coram
Ahmad Olarewaju Belgore, JCA Ita George Mbaba, JCA Joseph Olubunmi Kayode Oyewole, JCA

Judgement

JOSEPH OLUBUNMI KAYODE OYEWOLE, J.C.A. (Delivering the Leading Judgment): This is an appeal against the decision of the High Court of Enugu State, Enugu Judicial Division, holden at Enugu, delivered on the 22nd April, 2005 by ONOVO, J.

The deceased husband of the present Respondent was tenant of the Appellants at a property situate at and known as Plot 11, Ridgeway, G.R.A., Enugu. The tenancy agreement included a clause giving the tenant a right of first refusal in the event the demised property was to be sold during the pendency of the tenancy. The ensuing sales transaction ran into a headwind upon which the late husband of the Respondent initiated a writ of summons at the trial Court wherein he sought an order for specific performance of the contract between the parties for the sale of the said property, Plot 11, Ridgeway, G.R.A., Enugu. The defendants to the said suit were the 1st Appellant as owners of the said property and the 2nd Appellant, its then Enugu branch Manager.

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