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NIGER CLASSIC INVESTMENT LIMITED V. UACN PROPERTY DEVELOPMENT COMPANY PLC & REGISTRAR OF TITLES, LAGOS STATE

(2016) JELR 41424 (CA)

Court of Appeal  •  CA/L/90/13  •  22 Jun 2016  •  Nigeria

Coram
SIDI DAUDA BAGE JCA; YARGATA BYENCHIT NIMPAR JCA; ABIMBOLA OSARUGUE OBASEKI-ADEJUMO JCA;

Appearances
. For Appellant . For Respondent

Judgement

YARGATA BYENCHIT NIMPAR, J.C.A. (Delivering the Leading Judgment): The Appellant initiated an action by way of Originating Summons against the Respondents at the Lagos State High Court. After trial, Hon. Justice K. O. Alogba in his judgment delivered on the 19th day of December, 2012 dismissed the claim of the Appellant. Dissatisfied with the judgment, the Appellant filed an amended Notice of Appeal dated 23rd January, 2015 on the 27th January, 2015 setting out 12 grounds of Appeal.

The Originating Summons before the trial Court sought answers to the following questions:

1. Whether or not a letter of September 20 2011, written by the 1st Defendant to the Claimant listed in the schedule hereunder as 1st letter constituted a valid offer by the 1st Defendant to sell to the Claimant, a 5 bedroom house known as 28D Glover Road, Ikoyi Lagos (hereinafter referred to as 28D).

2. Whether or not the request made by the Claimant on the telephone to the 1st Defendant on receipt of the said 1st lette…

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