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FIDELIS NNAEMEKA EMODI V. MOFUNANYA AGBU & ANOR

(2007) JELR 48095 (CA)

Court of Appeal  •  CA/E/167M/2004  •  19 Apr 2007  •  Nigeria

Coram
JAMES OGENYI OGEBE JCA; SOTONYE DENTON-WEST JCA; JIMI OLUKAYODE BADA JCA;

Judgement

JAMES OGENYI OGEBE, J.C.A.(Delivering the Leading Judgment): The Plaintiff/Respondent sued the appellant and the 1st defendant/respondent before an Onitsha High Court claiming damages for breach of contract in respect of a sale of a plot of land in Akwuefe Layout of Umutasia of Ogbeodogwu in Onitsha. The plaintiff/respondent's case was that sometime in March 1995, the 1st defendant/respondent, a legal practitioner came to his place in Onitsha in the company of one Enwezor to offer him a plot of land at Akwuefe Layout in Onitsha. They agreed on the sale of the land and he paid the sum of N180,000 and was issued a receipt in the name of the 2nd defendant/appellant.

The Deed for the sale of the land was prepared as "Exhibit A" tendered before the trial court. He paid N10,000 for the survey of the land and N17,000.00 for the preparation of the Customary Grant and for obtaining the consent of the Governor.

He discovered sometime in 1997 that an unknown trespasser had entered the land and t…

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