BONTUS NIGERIA LIMITED V. SIFA PROJECTS NIGERIA LIMITED

ABUBAKAR JEGA ABDUL-KADIR, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of Enugu State High Court per A. A. Nwobodo, J. delivered on the 2nd day of March, 2010.

The facts leading to this appeal are stated thus:-

The Respondent as Plaintiff obtained Judgment against the Defendant/Appellant under the Summary Judgment Procedure of the High Court of Enugu State for the sum of Seven hundred thousand Naira (N700,000.00) being debt owed the Plaintiff by the Defendant.

The said debt arose out of a contract for the sale of Land wherein the defendant bought a parcel of land from the plaintiff at the price of Fourteen Million Naira (N14,000,000.00). The defendant paid a deposit of Four Million Naira (N4,000,000.00) leaving a balance of ten million naira (N10,000,000.00). Under the terms of the contract which was reduced in writing, the defendant was to pay the balance of N10,000,000.00 in five monthly instalments of N2,000,000.00 per month.

In compliance with …