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JACOB OKU-PEVI v. PA. DAPO SOYINKA & ANOR

(2017) JELR 38206 (CA)

Court of Appeal  •  CA/L/639/2015  •  24 Feb 2017  •  Nigeria

Coram
MOHAMMED LAWAL GARBA JCA; TIJJANI ABUBAKAR JCA; ABIMBOLA OSARUGUE OBASEKI-ADEJUMO JCA;

Judgement

ABIMBOLA OSARUGUE OBASEKI-ADEJUMO, J.C.A. (Delivering the Leading Judgment): This is an appeal against the decision of the High Court of Lagos State coram OPESANWO, J., delivered on 27th November, 2014, wherein which the trial Court dismissed the Appellant's action but entered judgment in favour of the 2nd Respondent on his Counter- Claim.

The fact of the case is that the Appellant was a tenant of the 1st Respondent family, "Shoyinka family'', at their property at 57 Cardoso Street, Mushin, Lagos State which the Appellant had occupied to run a Nursery and Primary School since 1988. In 2004, Shoyinka family decided to sell the property and gave the Appellant the privilege of first refusal as a sitting tenant but he could not meet their offered price of N5,000,000.00 (Five Million Naira). Consequently, the property was advertised to prospective buyers. Subsequent offers were made by the Appellant over the years but on each occasion, he was not able to meet the price fixed by the family b…

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