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MR. TARFA JOEL MAMAINA v. ALI IDRIS ZOAKA & ANOR

(2018) JELR 38549 (CA)

Court of Appeal  •  CA/YL/04/2018  •  10 Aug 2018  •  Nigeria

Coram
OYEBISI FOLAYEMI OMOLEYE JCA; JAMES SHEHU ABIRIYI JCA; SAIDU TANKO HUSSAINI JCA;

Judgement

SAIDU TANKO HUSSAINI, J.C.A. (Delivering the Leading Judgment): The High Court of Adamawa State sitting in Yola on the 4th October, 2017, delivered Judgment and granted the reliefs the 1st respondent as plaintiff had sought in Suit No. ADSY/50/2017 and further made an order (among others) for specific performance of the contract between him and the Appellant. Against this Order and Judgment of the trial High Court, hereinafter referred to as the trial Court for short, the appeal was lodged to this Court vide the Notice of Appeal dated the 17th October, 2017. The Notice contain 10 (ten) Grounds of Appeal.

Facts giving rise to this appeal arose from what the 1st respondent had perceived was a breach of the contractual obligations owed him by the appellant.

The appellant, at all material times is a staff of the Federal Ministry of Works and Housing. By virtue of his employment and position he is entitled under the Federal Government owner/occupier scheme to a grant of offer of the ownershi…

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