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AKUNNE BOSA MBANEFO V. MOFUNANYA AGBU FIDELIS NNAEMEKA

(2014) JELR 54439 (SC)

Supreme Court  •  SC. 179/2007  •  31 Jan 2014  •  Nigeria

Coram
MAHMUD MOHAMMED JSC (Presided) CLARA BATA OGUNBIYI JSC KUMAI BAYANG AKA’AHS JSC KUDIRAT MOTONMORI OLATOKUNBO KEKERE-EKUN JSC

Appearances
Onyechi Araka, Esq. - for the Appellant. -*- Chidi Obieze, Esq. (with him, Udoka Ekwealo (Mrs.), Kingsley G -*- Nnajoka and S. O. Kopodudu) - for the Respondents.

Judgement

CHUKWUMA-ENEH JSC: (Delivering the Lead Judgment): This appeal is against the decision of the Court ofAppeal, Enugu Judicial Division , allowing the appealagainst the judgment of the High Court, sitting at Onitsha,

Anambra State for ordering in favour of the plaintiff, the refund to him of the purchase price and the award of general damages for breach of contract of sale of a plot of land situate at Akwuefe Layout, Umutasia of Ogbeodogwu at “ 3 - 3” in Onitsha Urban Area of Anambra state with costs assessed and fixed at N3,000.00 (three thousand naira). The matter has now come to this court on appeal lodged by the plaintiff. Evidently, from the pleadings filed and exchanged by the parties as well as from their respective viva voce testimonies in the case at the trial court, the facts of this case are not complicated. They run as follows: in this court, the plaintiff is the appellant and the 1stdefendant (a Legal Practitioner) and the 2nd defendant (at all material times the vendor …

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