AKUNNE BOSA MBANEFO V. MOFUNANYA AGBU & ANOR

CHRISTOPHER MITCHELL CHUKWUMA-ENEH, J.S.C (Delivering the Leading Judgment): This appeal is against the decision of the Court of Appeal Enugu Judicial Division allowing the appeal against 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 Lavout Umutasia of Ogbeodogwu at "3-3" in Onitsha Urban of Anambra State with costs assessed and fixed at N3,000.00. 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 1st defendant (a legal practitioner) and the 2nd defendant (at all material times the vendor in this matter)…