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ALHAJI M. C. DAHIRU BABA YOHANNA V. ALHAJI M USA BUBAKARE KAMALE

(2004) JELR 51015 (CA)

Court of Appeal  •  CA/J/68/97  •  13 Dec 2004  •  Nigeria

Coram
OLUDADE OLADAPO OBADINA JCA (Presided) IFEYINWA CECILIA NZEAKO JCA IKECHI FRANCIS OGBUAGU JCA (Read the Lead Judgment)

Appearances
No appearance for the Appellants. -*- Umoh Solomon Esq., (with him, Adewole A. Esq. and Eke S. Esq.) -*- for the Respondent. G

Judgement
<p><strong> OGBUAGU JCA (Delivering the Lead Judgment): </strong> This is an appeal against the judgment/decision of the Adamawa State High Court sitting at Yola dated 15th May, 1996, but delivered on 20th June, 1996, by Gwam J. in favour of the plaintiff/respondent and dismissing the counter-claims of thedefendants/appellants.</p><p>Dissatisfied with the said decision, the appellants have appealed on nine (9) grounds of appeal which without their particulars, read as follows:</p><p>“<em>Ground 1: Error in law </em></p><p>The learned trial court Judge erred in law when he delivered judgment in the suit on the 15th day of May, 1996, a period over six months from the day of final address by counsel.</p><p><em> Ground 2: Error in law </em></p><p>The learned trial court Judge erred in law when he found that on the oral evidence and documentary evidence adduced by the parties, they did not arrive at a <em> consensus ad idem </em> as to the selling price.</p><p><em> Ground 3: Error in law </em></p><p>The learned trial court Judge erred in law when he held that the plaintiff did not accept the …</p>

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