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RIVERS STATE HOUSING AND PROPERTY DEV. AUTHORITY & ANOR v. DR. FELIX OWAKAH

(2010) JELR 33756 (CA)

Court of Appeal  •  CA/PH/03/2007  •  24 Nov 2010  •  Nigeria

Coram
ISTIFANUS THOMAS JCA; EJEMBI EKO JCA; TUNDE O. AWOTOYE JCA;

Judgement

ISTIFANUS THOMAS, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of the Port Harcourt High Court delivered on 28th July, 2006 by Obie Daniel Kalio (J). The appellants were the defendant while the present respondent was the plaintiff at the lower court.

At the lower court, by the second amended statement of claim, the respondent claimed as follows:-

"(a) A declaration that the sale of the property in dispute to 2nd defendant was null and void

(b) An order of specific performance of clause 2 (v) of the sales agreement against the defendant to cause her to procure a certificate of occupancy of (C of O) over the property in dispute in favour of the plaintiff.

ALTERNATIVELY

The sum of N1 Million as special and general damages as follows:

(a) Deposit - N36, 800.00

Interest at 5% per annum from 20-12-1988 until judgment.

GENERAL DAMAGES

N963,200.00

Total = N1, 000.000.00"

After service of the writ of summons, the defendants now appellants filed their separat…

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