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PHILLIP IBA YUSUF v. FEMI OLUMEYAN & ANOR

(2016) JELR 37067 (CA)

Court of Appeal  •  CA/K/107/2011  •  22 Jan 2016  •  Nigeria

Coram
UWANI MUSA ABBA-AJI JCA; HABEEB ADEWALE OLUMUYIWA ABIRU JCA; AMINA AUDI WAMBAI JCA;

Judgement

HABEEB ADEWALE OLUMUYIWA ABIRU, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of the High Court of Kaduna State delivered on the 15th of February, 2010 in Suit No KDH/KAD/477/2001 by Honorable Justice Othman Abdul Kadir. The Appellant, as plaintiff, commenced the action in the Lower Court against the Respondents, as defendants, and his claims, by an amended statement of claim, were for:

i. A declaration that the first Respondent had sold through his Solicitor, the second Respondent, and the Appellant had bought, for a consideration of N150,000.00, the plot of land measuring 100ft by 100ft and lying, situate and being at Gonin-Gora along Abuia Expressway, Kaduna.

ii. In the premise of (i) above, an Order directing the first Respondent to forthwith execute the necessary instruments transferring title in the aforesaid plot of land to the Appellant.

iii. An order of perpetual injunction restraining the first Respondent, his agents, servants, heirs, whosoeve…

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