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MRS. MIRIAM DILLI v. ALHAJI MUHAMMED SALISU ADAMU & ANOR

(2016) JELR 36984 (CA)

Court of Appeal  •  CA/A/236/2008  •  8 Mar 2016  •  Nigeria

Coram
MOORE ASEIMO A. ADUMEIN JCA; TANI YUSUF HASSAN JCA; JOSEPH EYO EKANEM JCA;

Judgement

JOSEPH EYO EKANEM, J.C.A. (Delivering the Leading Judgment): This appeal is against the judgment of the High Court of the Federal Capital Territory, Abuja ('the trial Court' for short)- in Suit No. FCT/HC/CV/1442/07 delivered on the 15th day of May, 2008. In the judgment, the trial Court found for the 1st respondent (as plaintiff) and entered judgment in his favour in terms of the lst set of reliefs claimed by the 1st respondent.

It is pertinent to state some of the facts of the case leading to this appeal. It is common ground between the parties that the 1st respondent was the owner of the property lying and being at Plot 8, 341 Road, A - Close, Gwarimpa 11 Estate, Abuja. The lst respondent agreed with the original appellant (Ari Modu) for a purchase of the property at the agreed sum of N18,000,000:00 (Eighteen Million Naira). An initial deposit of $10,000,00 (Ten Thousand Dollars) was paid by the original appellant in early May, 2006, pursuant to the agreement. The original appellant…

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