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ENGR. FELIX OGBE V. MR P.K. OJO (TRADNG UNDER THE NAME AND STYLE OF P.K. OJO & CO) & MRS. FELICIA A. ADEKOYA

(2024) JELR 112377 (SC)

Supreme Court  •  SC.221/2010  •  31 May 2024  •  Nigeria

Coram
MOHAMMED LAWAL GARBA JSC TIJJANI ABUBAKAR JSC JUMMAI HANNATU SANKEY JSC MOORE ASEIMO ABRAHAM ADUMEIN JSC MOHAMMED BABA IDRIS JSC

Appearances
Okechukwu Tagbo Dike, Esq. For the 1st respondent. Appellant & 2nd Respondent not represented.

Judgement

MOORE ASEIMO ABRAHAM ADUMEIN, JSC (Delivering The Leading Judgement): The appellant, Engineer Felix 0. Ogbe, was the plaintiff in Suit No. LD/862/2001 which he instituted in the High Court of Lagos State, holden at Lagos.

The respondents, Mr. P.K. Oja (Trading under the name and style of P.K. Oja and Co) and Mrs. Felicia A. Adekoya, were the defendants to the said action. The appellant's claim is as follows:

"WHEREOF the Plaintiff claims against the defendants jointly and severally
i. The sum of N3,925,000.00 (Three Million nine hundred and twenty five thousand naira) being the amount paid by the Plaintiff and related expenses thereof to the Defendants for money had and received on his behalf and for a consideration that has totally failed and the Defendants have refused or and failed/neglected to pay back to the Plaintiff despite repeated demands made up as follows:
a. N3,500,000.00 purchase price paid for the land
b. N175,000.00 agency fees.
c. N250,000.00 the cost of erecting a fence.
ii.…

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