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HUNMUANI AJOKE V. AMUSA YESUFU OBA & ANOR

(1962) JELR 92025 (SC)

Supreme Court  •  FSC. 11/1961  •  5 Feb 1962  •  Nigeria

Coram
BRETT, FEDERAL JUSTICE UNSWORTH, FEDERAL JUSTICE BAIRAMIAN, FEDERAL JUSTICE

Judgement

BAIRAMIAN, F.J (Delivering the Judgment of the Court)

The plaintiff is dissatisfied with the judgment dismissing his claim which Dickson, J., gave on 9th February, 1959 (in Lagos Suit No. 103/58).

The claim is for commission under an agreement dated 30th August, 1956; there are two exhibits of that date: –

Exhibit A reads as follows:-

“We Messrs David and Moore, Solicitors of 13 Catholic Mission Street, Lagos acting on the instructions of our Client Mr. Antonio Roses’ hereby undertake to pay Mr. J. A. Odufunade commission of 10% on any amount paid by a Client introduced by him who is willing and ready to take an Assignment of the lease at 14 Moloney Street, Lagos or with the 3 plots of land immediately adjoining it on King George V. Road, Lagos.

Dated at Lagos this 30th day of August 1956.”

Exhibit B reads as follows:-

“We Messrs David and Moore, Solicitors of 13 Catholic Mission Street, Lagos acting on the instructions of our Client Mr. Antonio Rossek hereby authorize Mr. J. A. O. Odufunade…

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