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HON. ESEME SUNDAY EYIBOH V. DAHIRU SHEIKH MUJADDADI & 3 ORS

(2021) JELR 111464 (SC)

Supreme Court  •  SC 98/2013  •  10 Dec 2021  •  Nigeria

Coram
Mary Ukaego Peter-Odili, JSC Kudirat Motonmori Olatokunbo Kekere-Ekun, JSC Mohammed Lawal Garba, JSC Ibrahim Mohammed Musa Saulawa, JSC Emmanuel Akomaye Agim, JSC

Appearances
Paul Eroko, SAN for the Appellant with O.ITUEN Esq, G. OBETEN Esq, and U. ONYEWE, Esq. J.J. USMAN Esq, for the Respondents with Eko Ejembi Eko, H.I Hassan Esq, A.O.F. Phillip Esq and J.A. Sambo, Esq.

Judgement

KUDIRAT MOTONMORI OLATOKUNBO KEKERE-EKUN JSC (Delivering the Lead Judgment): This appeal is against the judgment of the Court of Appeal, Abuja Division delivered on 1st February 2013, which affirmed the judgment of the High Court of the Federal Capital Territory (FCT) Abuja. The appeal is predicated on the Amended Notice of Appeal filed on 13th November 2020.

The facts that gave rise to this appeal are as follows: The 1st-3rd respondents are administrators of the Estate of Late Sheikh Mujaddadi. They offered a property belonging to the deceased located at Cadastral Zone A03 Abuja, covered by Certificate of Occupancy No. 12caw - 14cld - 55f7r - a082u - 10, for sale sometime in 2007. The appellant indicated interest in purchasing the property. The 1st-3rd respondents contended that the selling price was put at A100 Million plus A5 Million as 5% agency fee. A Contract of Sale and Deed of Assignment (Exhibits A and B) were drawn up but signed by only theist and 2nd respondents. It was also…

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