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ALPHONSUS HUNGWA V. AKAAYAR UWUOKWU

(2011) JELR 41806 (CA)

Court of Appeal  •  CA/J/7/2005  •  25 May 2011  •  Nigeria

Coram
KUDIRAT M.O. KEKERE-EKUN JCA; ALI ABUBAKAR BABANDI GUMEL JCA; UCHECHUKWU ONYEMENAM JCA;

Judgement

UCHECHUKWU ONYEMENAM, J.C.A (Delivering the Leading Judgment): This is an appeal against the ruling and judgment of the High Court of Justice of Benue State sitting at Makurdi in suit no. MHC/244/2003 delivered on 5/3/2004.

The respondent on the 19th day of August, 2003 sued the appellant as 1st defendant and the Bureau of Lands and Survey as 2nd defendant in the High Court of Benue State, Makurdi claiming the refund of N 330,000:00 (Three Hundred and Thirty Thousand Naira) only, being failed consideration on plot no. BNA 8095.

The relevant facts are: The respondent bought plot no, BNA 8095 from the appellant in 2001 for the sum of N330, 000:00. The appellant a deemed holder of a customary title to the land had applied to the 2nd defendant for a grant of a right of occupancy. The respondent later discovered that a 3rd party one Charles Orbunde claimed title to the land. After pleadings were exchanged, the respondent through his counsel brought a motion for judgment which motion was se…

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