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E. A. MALARI & ORS. V. DR. RICHMOND SISAN LEIGH

(2012) JELR 34913 (CA)

Court of Appeal  •  CA/B/23M/2010  •  13 Feb 2012  •  Nigeria

Coram
RAPHAEL CHIKWE AGBO JCA; GEORGE OLADEINDE SHOREMI JCA; CHIOMA EGONDU NWOSU-IHEME JCA;

Appearances
B. A. Arhagba for Don O. Egho For Appellant Patrick Oganwu with him E. P. Fragene. For Respondent

Judgement

RAPHAEL CHIKWE AGBO, J.C.A. (Delivering the Lead Ruling): The applicants were defendants in Suit No. W/18/2001 at the High court of Delta State sitting at Warri. The respondent was the plaintiff. On 5th May 2006, the trial High Court adjudged the suit as follows:

"Accordingly I enter judgment for the plaintiff as per his paragraph 19 (i) (ii) (iii) and (iv) of his Amended State of Claim dated 18/7/2003.

(1) I make an order compelling the 1st set of defendants to receive from the plaintiff the balance sum of N700,000.00 (Seven Hundred Thousand Naira) forthwith being the outstanding balance as full consideration for the outright sale of all that piece or parcel of land lying, situate and being at Ubeji Town in the Warri South Local Government Area of Delta State measuring approximately 7 acres or 2.652 hectares which said plot is more particularly described and/or defined on the ground by Pillars/Beacons nos. DT 4861, DT 4862, DT 4863, DT 4864, DT 4865, DT 4866, DT 4867, DT 4868 and DT…

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