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CHRISTOPHER OLUTUNDE ISHOLA V. BASHIRU AKANFE OLUWALOGON

(2013) JELR 35363 (CA)

Court of Appeal  •  CA/I/266/2009  •  5 Dec 2013  •  Nigeria

Coram
CHIDI NWAOMA UWA JCA HARUNA SIMON TSAMMANI JCA OBIETONBARA DANIEL-KALIO JCA

Appearances
M.O. Olumakin Esq. For the Appellant; Akeem Olaniyan Esq., with Tobi Adelusi Esq.(held the brief of Adewale Adegoke) For the Respondent.

Judgement

HARUNA SIMON TSAMMANI, J.C.A. (Delivering the Leading Judgment): Before the Oyo State High Court, Ibadan Judicial Division, the Respondent who was the plaintiff sued the Appellant (Defendant) claiming the following reliefs:

(a) DECLARATION that the plaintiff is entitled to an order of specific performance of an agreement for sale of the property situate and lying at Kajola Area of Monatan, Ibadan made between the plaintiff and the late David Oluwole Isola dated 15th May, 1976.

(b) DECLARATION that the title in the said property has passed to the plaintiff by virtue of the said agreement.

(c) ORDER of specific performance of the said agreement.

(d) AN ACCOUNT and recovery of all the monies due and/or collected by the Defendant on the said property up to the date judgment is delivered in this suit.

(e) INJUNCTION restraining the Defendant whether by himself, his servants, agents and/or privies or otherwise howsoever from dealing with the said property as owner thereof.

The Writ of Summo…

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