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MUHAMMAD MUSA & ANOR v. DANJUMA IBRAHIM

(2017) JELR 34291 (CA)

Court of Appeal  •  CA/K/251/2012  •  28 Apr 2017  •  Nigeria

Coram
IBRAHIM SHATA BDLIYA JCA; OLUDOTUN ADEBOLA ADEFOPE-OKOJIE JCA; AMINA AUDI WAMBAI JCA;

Judgement

AMINA AUDI WAMBAI, J.C.A. (Delivering the Leading Judgment): This appeal is in respect of a sale transaction of a shop at Sheikh Abubakar Mahmud Gumi Central Market, Kaduna.

The 1st Appellant who was the 1st Plaintiff before the Lower Court, was the owner of shop No. 28 Block 13, known as Block 13 shop 28, Abubakar Gumi Market, Kaduna.

The second (2nd) Appellant who was the 2nd Plaintiff at the Lower Court had since 2004 been a tenant in the shop until January 2008 when the 1st Appellant decided to sale the shop.

The Appellants' case is that the 2nd Appellant bought the shop at N950,000.00 on 21st January, 2008 (21/01/2008) and a sale agreement between them was executed on the same date. Subsequently, on the same 21/01/2008 one Muhammad Adamu, orderly to the 1st Appellant, informed the 1st Appellant that he had gotten a buyer for the shop at N890,000.00 and had on behalf of the 1st Appellant, executed a sale agreement with the buyer, paid the money into the 1st Appellant's Bank Account a…

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