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NNAMANI BE NNAJI NWOBODO v. OKIDA AKKAH

(2016) JELR 36899 (CA)

Court of Appeal  •  CA/E/234M/2014(R)  •  10 Feb 2016  •  Nigeria

Coram
HELEN MORONKEJI OGUNWUMIJU JCA; TOM SHAIBU YAKUBU JCA; EMMANUEL AKOMAYE AGIM JCA;

Judgement

HELEN MORONKEJI OGUNWUMIJU, J.C.A. (Delivering the Lead Ruling): This is a motion for stay of execution of the Judgment of the Enugu State High Court delivered on 2/2/14 by the Chief Judge, Hon. Justice I.A. Umezulike in Suit No E/718/96 pending the determination of the appeal lodged by the Appellant/Applicant in this Court. The undisputed facts that led to this application are as follows:-

In October 1986, the Appellant/Applicant agreed to sell the property known as 3B Mount Close Awkunanaw, Enugu to offset the Applicants indebtedness to Cooperative and Commerce Bank Ltd. The Respondent paid the sum of N93,000 into the account of the Applicant at the Cooperative Commerce Bank Ltd. The Applicant claims that the N93,000 was deposit with the balance left to be paid. The Respondent contends that the property was offered to him at the price of N93,000. On 17th December, 1986, Applicant signed a Deed of Assignment of the property over to the Respondent. Applicant claims that he did not kno…

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