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BOLA OMINIYI V. JACOB ADEGBOYEGA ALABI

(2015) JELR 40747 (SC)

Supreme Court  •  SC.41/2004  •  27 Feb 2015  •  Nigeria

Coram
IBRAHIM TANKO MUHAMMAD JSC; JOHN AFOLABI FABIYI JSC; MUSA DATTIJO MUHAMMAD JSC; CLARA BATA OGUNBIYI JSC; KUDIRAT MOTONMORI OLATOKUNBO KEKERE-EKUN JSC;

Appearances
KEHINDE OGUNWUMIJU ESQ. For Appellant OLUMIDE OLUJINMI ESQ. Olukayode Ariwoola Jnr, Oluyomi Akintola (Miss) and Ifedolapo Esan (Miss). For Respondent

Judgement

KUDIRAT MOTONMORI OLATOKUNBO KEKERE-EKUN, J.S.C. (Delivering the Leading Judgment): This is an appeal against the judgment of the Court of Appeal, Ibadan Division delivered on 9/7/2003 allowing in part the appellant's appeal from the judgment of the High Court of Osun State, Osogbo Judicial Division delivered on 3/3/1997. The part of the judgment complained of as stated in the Notice of Appeal filed on 3/10/2003 is "that part relating to the refusal of the relief for specific performance based on the date stated on Exhibits A and B."

A brief summary of the facts that led to the decision complained of are as follows: Sometime in 1993, the appellant purchased a parcel of land with a completed building of 4 flats thereon from the respondent at Osogbo, Osun State for N350,000.00. A sale agreement was prepared and executed by the parties (Exhibit E). In furtherance of the agreement the respondent also executed Exhibit A, titled "acknowledgment/ratification document". Letters of introductio…

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