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UNION BANK OF NIGERIA PLC & A. N. O. EFONYE V. CHIEF I. I. ERIGBUEM

(2003) JELR 51089 (CA)

Court of Appeal  •  CA/B/270/2001  •  7 Jul 2003  •  Nigeria

Coram
MUHAMMAD S. MUNTAKA-COOMASSIE, JCA KUMAI BAYANG AKAAHS, JCA AMINA ADAMU AUGIE, JCA

Appearances
Chief E. L. Akpofure (SAN) for the Appellant; Chief H. I. R. Ihensekhien for the Respondent.

Judgement

AUGIE, JCA(Delivering the Lead Judgment): This is an appeal against the judgment of Okoh J. sitting at High Court 4 in Asaba Judicial Division of Delta State delivered on the 25th day of June, 2001. In the action before the lower court, the respondent as plaintiff had sued the appellant who was a defendant, claiming the following reliefs in paragraph 31 of his statement of claim -

1. A declaration that the 1st defendant having accepted through the 2nd defendant the offer of N200,000.00 (two hundred thousand naira) for a piece or parcel of land measuring 1849.589 square meters situate along Nnebisi Road, Asaba is estopped from unilaterally revoking the said contract of sale between the plaintiff and the defendant purporting to disapprove of the plaintiff as the buyer of the said parcel of land.

2. An order of specific performance compelling the defendants to carry out their own side of the contract by handing over the original title deeds of the property as aforesaid and executing a d…

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