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ALHAJI MURITALA OYELAKIN V. ALHAJI MUHAMMED OLATUNJI AROWOLO (SUBSTITUTED FOR G. O. AROWOLO (DECEASED)

(2016) JELR 55511 (CA)

Court of Appeal  •  CA/IL/19/2016  •  14 Dec 2016  •  Nigeria

Coram
CHIDI NWAOMA UWA JCA (Presided ) HAMMA AKAWU BARKA JCA ( Read the Lead Judgment) BOLOUKUROMO MOSES UGO JCA

Judgement

BARKA JCA (Delivering the Judgment): There are two different versions of the facts leading to the present appeal. It is the appellant’s version that he purchased a piece of land from the respondent’s father measuring 27 feet by 72 feet with two shops thereon in the sum of N1,000,000 (one million naira) only, and made part payment of N500,000 (five hundred thousand naira) only sometime around 7 December 2011, with the other part payment to be paid later. In the meantime and before the other N500,000 (five hundred thousand naira) could be paid, a misunderstanding arose between the appellant’s mother and the respondent’s wife resulting to a police case between them. When appellant now presented the remaining balance of the N500,000 (five hundred thousand naira), respondent refused to collect it still being aggrieved about the misunderstanding between the respondent’s father’s wife and the appellant’s mother. The appel ant who had possession of the land now sued the respondent before th…

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