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MRS. M. DANLADI KPATI & ANOR v. PLATEAU INVESTMENT & PROPERTY DEVELOPMENT COMPANY LIMITED

(2017) JELR 37399 (CA)

Court of Appeal  •  CA/J/164/2012  •  11 Jul 2017  •  Nigeria

Coram
UCHECHUKWU ONYEMENAM JCA; HABEEB ADEWALE OLUMUYIWA ABIRU JCA; ELFRIEDA OLUWAYEMISI WILLIAMS-DAWODU JCA;

Judgement

HABEEB ADEWALE OLUMUYIWA ABIRU, J.C.A.(Delivering the Leading Judgment): This appeal is against the decision contained in the Ruling of the High Court of Plateau State delivered in Suit No PLD/J/91/2006 on the 27th of June, 2012 by the Honorable Justice H. A, Othman. The Respondent, as plaintiff, commenced the action in the lower Court against the Appellants in their capacity as the Trustees/Administrators of the Estate of one late Danladi Kpati, as defendants. The claims of the Respondent were for the sum of N6 Million being the proceeds of the sale of a Pin Machine or forfeiture to it of the premises known as and called No. 1199 Tudun Wada, Jos, together with interest on the said sum of N6 Million at the rate of 20% pet annum up till the date of judgment and thereafter at the rate of 10% per annum and the sum of N1 Million as general damages.

The case of the Respondent on the pleadings before the lower Court was that sometime in 1994 it was desirous of selling its Pin-making machine …

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