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EMEKA S. ENEMCHUKWU v. CHIMAROKE OKOYE & ANOR

(2016) JELR 37177 (CA)

Court of Appeal  •  CA/E/273/2008  •  21 Jan 2016  •  Nigeria

Coram
HELEN MORONKEJI OGUNWUMIJU JCA; MASSOUD ABDULRAHMAN OREDOLA JCA; MISITURA OMODERE BOLAJI-YUSUFF JCA;

Judgement

HELEN MORONKEJI OGUNWUMIJU, J.C.A. (Delivering the Leading Judgment): This is an appeal against the Judgment of the Anambra State High Court delivered on 23/5/06 by Hon. Justice C.J. Okoli wherein his Lordship gave judgment in favour of the Respondents and dismissed the Appellant's claims. The undisputed facts that led to this instant appeal are as follows:

In October 2003, the Appellant entered into an oral contract with the 1st Respondent to deliver one BMW 318 Saloon Car to the Appellant on or before the end of October 2003 at the price of N450,000 (Four Hundred and Fifty Thousand Naira). The Appellant made an initial payment of N300,000. On 8/10/2003, the 1st Respondent delivered a BMW car with a shift system to the Appellant after which the Appellant drove the car away and came back the next day to pay N50,000 and paid another N10,000 on 9/10/2003. The Appellant was then given a composite receipt for the three payments to cover the sum of N360,000 he had paid so far, leaving a ba…

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