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ALHAJI AHMED LINTIMA v. MRS. KAKA IBRAHIM

(2017) JELR 37364 (CA)

Court of Appeal  •  CA/J/296/2013  •  25 Jan 2017  •  Nigeria

Coram
HABEEB ADEWALE OLUMUYIWA ABIRU JCA; ELFRIEDA OLUWAYEMISI WILLIAMS-DAWODU JCA; RIDWAN MAIWADA ABDULLAHI JCA;

Judgement

HABEEB ADEWALE OLUMUYIWA ABIRU, J.C.A.(Delivering the Leading Judgment): This is an appeal against the judgment of the Borno State High Court in Suit No M/1/2007 delivered by Honorable Justice A. G. Kwajafa on the 10th of October, 2013. The claims of the Appellant, as plaintiff, before the lower Court against the Respondent, as defendant, were for:

i. A declaration that the Sale Agreement dated the 14th of February, 2003 between the plaintiff and the defendant is conditional upon the fact that it will become binding only if the Borno State Housing Corporation has sold House No G35 State Low-Cost Housing Estate, Maiduguri to the plaintiff on owner-occupier basis.

ii. A declaration that the defendant had breached the contract agreement by failing to abide by the conditions precedent stipulated in the said Sale Agreement dated 14th of February, 2003.

iii. A declaration that the purported re-sale of the same House No G35 situated a State Low-Cost Housing Estate Maiduguri by the defendant to …

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