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MRS. CLEMENTINE C. IGWEBE v. SAIDASHS INTERNATIONAL LIMITED & ANOR

(2016) JELR 41732 (CA)

Court of Appeal  •  CA/A/202/2005  •  22 Jun 2016  •  Nigeria

Coram
MOORE ASEIMO A. ADUMEIN JCA; JOSEPH EYO EKANEM JCA; MOHAMMED MUSTAPHA JCA;

Judgement

MOHAMMED MUSTAPHA, JCA (Delivering the Leading Judgment): This is an appeal against the judgment of the High Court of the Federal Capital Territory, Abuja of the 28th of December, 2004, Coram Justice U.N. Anyanwu, by a notice of appeal dated the 16th of November, 2004; it is to be heard by an order of this Court on the briefs of the appellant and the 1st respondent only.

Briefly stated the facts of the case at the trial were that the 1st respondent offered the appellant Plot 2656 Maitama Abuja, for sale, but it was later replaced with plot 785 Wuse 2 District, Abuja subject to payment of an additional payment of ₦3,000,000, as balance, an earlier payment of ₦1.3 was acknowledged, vide Exhibit B.

The appellant while accepting the terms in Exhibit A insisted on the payment of the ₦3 million, only on seeing the Certificate of Occupancy and conducting a search "as well as the deed of assignment"; that was interpreted as a counter offer which vitiated the contract.

Supra Investment Ltd the ow…

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