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MIRIAM DILLI V. AMINA FATAI BANWO & ALH. MOHAMMED SALISU ADAMU

(2022) JELR 112596 (CA)

Court of Appeal  •  CA/A/784/2017  •  24 Nov 2022  •  Nigeria

Coram
PETER OLABISI IGE, JCA UGOCHUKWU ANTHONY OGAKWU, JCA MOHAMMED MUSTAPHA, JCA

Appearances
F. R. Onoja, Esq. (with A. O. Otori, Esq.) for the Appellant/Cross Respondent. Akinyele Aremu, Esq. (with Mrs. Yemisi Akinyele-Aremu) for the 1st Respondent/Cross Appellant. Mrs. Olamide Adekunle (with Saadu Lukman, Esq.) for the 2nd Respondent.

Judgement
<p style="text-align: justify"><strong>UGOCHUKWU ANTHONY OGAKWU, JCA (Delivering the Leading Judgement):</strong> The disputed property in this matter is situate at and known as Plot 8, 341 Road, A Close, Gwarinpa II Estate, Abuja. The Appellant and the 1st Respondent trace their interest and presence on the property to the 2nd Respondent. The facts of this matter as depicted in the cold printed records disclose that the 2nd Respondent being in dire financial straits decided to sell the property and he entered into negotiations in this regard with the Appellant&#x27;s husband, who was represented by an intermediary, one Alhaji Ari Modu. The Appellant&#x27;s husband was not forthcoming with the full purchase price but paid in instalments, which was not acceptable to the 2nd Respondent, consequent upon which the 2nd Respondent sold the property to the 1st Respondent and her husband, and they made full payment of the purchase price. The 2nd Respondent offered the Appellant&#x27;s husband a refund of the part payment he had made but the offer was rej…</p>

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