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ALH. ABDULLAHI JALO v. ALI MUHAMMAD

(2005) JELR 45147 (CA)

Court of Appeal  •  CA/J/225/2000  •  7 Feb 2005  •  Nigeria

Coram
ALOMA MARIAM MUKHTAR JCA; AMIRU SANUSI JCA; IFEYINWA CECILIA NZEAKO JCA;

Judgement

ALOMA MARIAM MUKHTAR, J.C.A. (Delivering the Leading Judgment): A suit (No. ADSY/7/94) filed by the Plaintiff who is the Respondent in this appeal was struck out on 17/2/94. The Plaintiff applied that the case be relisted on the court's cause list, and his prayer was granted on 28/3/95. The Plaintiffs case against the Defendant as per his statement of claim is - that he bought a house situated at Demasawo 'A' Ward Jimeta-Yola at N16,000.00 from the Defendant. The agreement was that the Plaintiff will make a part payment of N12,500, after which on payment of the balance of N3,500.00 the documents of ownership i.e. the complete documents of title will be handed to him by the Defendant. However, the Defendant reneged Ilorin the agreement and refused to surrender the house and also refused to collect the balance of N3,500 in spite of the fact that the Plaintiff had paid the initial N12,500 agreed upon. The Plaintiff claimed against the Defendant the following:

(i) Specific performance of …

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