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ALHAJI MAMMAN LAWAN V. ALHAJI SHETTIMA

(2001) JELR 55862 (CA)

Court of Appeal  •  CA/J/122/97  •  23 Apr 2001  •  Nigeria

Coram
ALOMA MARIAM MUKHTAR, JCA (Presided) OLUDADE OLADAPO OBADINA, JCA (Read the Lead Judgement)

Judgement

OBADINA, JCA: (Delivering the Lead Judgment): Sometime about the 5th September 1991, the appellant sold his house as Bolori to the Respondent at an agreed sum of (N265,000) Two Hundred and Sixty-five Thousand Naira. It was part of the agreement that the appellant would give the respondent vacant possession of the said house within seven (7) Months of the sale. The said sum of (N265,000) Two Hundred and Sixty-five Thousand Naira was paid to the appellant. At the expiration of Seven (7) Months, the appellant refused to give up vacant possession of the said properly. The period was further extended by five (5) Months. The appellant did not give possession of the property to the respondent.

When the appellant did not give up possession of the property as agreed by the parties, the respondent instituted proceedings at the Uje Area

Court, 1, Maiduguri for an order for possession of the said house. The Area Court found in favour of the respondent against the appellant and ordered the appella…

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