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MR. OLIVER ONWUBIKO V. MR.VICTOR A. MKPONG

(2011) JELR 46760 (CA)

Court of Appeal  •  CA/C/139/2009  •  17 Mar 2011  •  Nigeria

Coram
KUMAI BAYANG AKAAHS JCA; MASSOUD ABDULRAHMAN OREDOLA JCA; ISAIAH OLUFEMI AKEJU JCA;

Judgement

KUMAI BAYANG AKAAHS, J.C.A. (Delivering the Leading Judgment): The Plaintiff now Respondent sued the Defendant/Appellant and claimed the following reliefs in paragraph 14 of the Statement of Claim:

(a) The sum of $13, 000, 000.00 (Three Million Naira) only being the ten percent (10%) agency fee for the purchase price (N30,000.00) of the property at Plot D31, Ewet Housing Estate, Uyo.

(b) Damages of N550, 000.00

(c) Cost of this action.

The claim was denied in a 9 paragraph Statement of Defence. The Plaintiff filed a Reply to the Statement of Defence, thereafter the case was set down for hearing with the Plaintiff testifying as PW1 and tendering some Exhibits. He called Ubong Udofia who gave evidence as PW2 and Rose Akpan Friday as PW3. The Plaintiff closed his case after he and the other two witnesses had been cross-examined. The Defendant then testified but called no other witness before closing his case after being cross-examined. Parties addressed the court and the case was reserveā€¦

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