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MR. CHINEDU UKACHUKWU MR. SUNDAY ANABIKE V. MR. SYLVESTER NKPADO

(2012) JELR 52384 (CA)

Court of Appeal  •  CA/L/161/11  •  8 Nov 2012  •  Nigeria

Coram
AMINA ADAMU AUGIE JCA ( Presided ) SIDI DAUDA BAGE JCA ( Read the Lead Judgment ) RITA NOSAKHARE PEMU JCA

Judgement

BAGE JCA (Delivering the Lead Judgment): This is an appeal against the judgment of Honourable Justice L. A. Okunnu sitting in the High Court of Lagos State, Ikeja Division in suit No.: ID/963/2008. The respondent’s claim in the lower court are contained in the writ of summons and statement of claim (pages 1-7 of the record) which were basically for an order of court setting aside the sale of respondent’s property at 32, Lawrence Daniel Close, Ajao Estate Lagos, or in the alternative, an order directing the 1st defendant (1st appellant herein) to return to the claimant (respondent herein) the sum of ₦2,400,000.00 (two million four hundred thousand naira) the respondent invested in the property. After pleadings, the suit was set down for pre-trial conference in line with the High Court of Lagos State (Civil Procedure) Rules, 2004. Pursuant to the provisions of Order 25, rule 6 of the Rules of court, judgment was entered dismissing respondents claim on 15 October 2009 (page 71 of the r…

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