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PA TAYO OJO v. CHIEF JEROME AKINSANOYE

(2014) JELR 36692 (CA)

Court of Appeal  •  CA/AK/90M/2011  •  4 Apr 2014  •  Nigeria

Coram
SOTONYE DENTON WEST JCA; MOJEED ADEKUNLE OWOADE JCA; CORDELIA IFEOMA JOMBO-OFO JCA;

Judgement

SOTONYE DENTON WEST, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of the High Court of Ondo State sitting at Ondo delivered on the 15th day of April, 2011 granting all the claims of the plaintiff (respondent herein) and dismissing the counter claim of the defendants (appellants herein). The facts that gave rise to this appeal are as follows:

The case of the respondent was that the land in dispute was purchased from the Baipie Family of the Appellants. The purchase was said to have been evidenced in writing as contained in Exhibit "A" titled "Sale of Land Agreement and Purchase Receipt dated 17th October, 1977". However, early in year 2009, the appellants were alleged to have come to the original plaintiff to demand for an additional sum of ₦500,000 claiming that the purchase money for the land in year 1977 was too small. When the original plaintiff could not meet their demand; the defendants/appellants wrote a letter dated 9th July, 2009 (Exhibit "B…

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