HON. ESEME SUNDAY EYIBOH V. DAHIRU SHEIKH MUJADDADI & ORS.
(2013) JELR 35981 (CA)
Court of Appeal
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CA/A/305/2010
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1 Feb 2013
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Nigeria
Coram
HUSSEIN MUKHTAR JCA;
ABUBAKAR DATTI YAHAYA JCA;
REGINA OBIAGELI NWODO JCA;
Appearances
F. R. Onoja with Oluwanuami Adenipekun For Appellant
Yusuf Ustaz Usman SAN with J. I. Usman, H. Hassan and A. O. Philip For Respondent
Judgement
<p><strong>ABUBAKAR DATTI YAHAYA, J.C.A. (Delivering the Leading Judgment): </strong>This appeal has emanated from the judgment of the High Court of the Federal Capital Territory, delivered on the 29th of March, 2010, wherein it dismissed the Suit filed by the appellant, as plaintiff, against the respondents as defendants.</p><p> The 1st -3rd respondents are the Administrators of the Estate of late Sheikh Mujaddadi, having been issued with Letters of Administration. They put up a property, known as No. 7A Iyamoye Close, off Gimbiya street, Garki II, Abuja (the property in question) for sale. The Appellant indicated interest in purchasing the property. The selling price was put at N100 million Naira and N5 million as agency fee. A contract of sale (Exhibit A) and a Deed of Assignment (Exhibit B) were drawn up. Only the 1st and 2nd respondents signed these documents as the 3rd respondent did not sign.</p><p> The 1st -3rd respondents later sold the property in question, to the 4th respondent who paid the purchase price, …</p>