judy.legal
Login Register

ALHAJI USMAN TUNGA v. ALH. MALAMI YARO MAKERA

(2013) JELR 41801 (CA)

Court of Appeal  •  CA/S/65/2009  •  6 Dec 2013  •  Nigeria

Coram
JAFARU MIKA'ILU JCA; TUNDE O. AWOTOYE JCA; JAMES SHEHU ABIRIYI JCA;

Judgement

TUNDE O. AWOTOYE, J.C.A. (Delivering the Leading Judgment): This is the Appeal against the judgment of High Court of Sokoto sitting on appeal delivered on 8/7/2004 wherein the learned judges dismissed the appeal of the appellants in an interlocutory appeal as lacking in merit.

The facts of the case before the lower court are as follows: -

The appellant is a licensed agent.

The respondent contracted the sale of his properties to him.

The appellant sold the property for the sum of N2,500,000. and made payments to the respondent out of the proceed of the sale leaving a balance of N1,475,000.

The Respondent after several demands for the balance files an action against the appellant is suit No. UAC/111/SK/CV/F1/102/97 for its recovery. Judgment was given in favour of the Respondent in the sum of N1,475,000.

The Respondent subsequently successfully applied for execution of the judgment for the recovery of the judgment sum.

What transpired in court before the Respondent's application was gr…

There's more. Sign in to continue reading

JUDY is the comprehensive database of case law and legislation from Ghana, Kenya and Nigeria. Gain seamless access to over 20,000 cases, recent judgments, statutes, and rules of court.


Get started   Login