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ALHAJI ABUBAKAR ZAKI & ORS. V. ALHAJI JIBO MAGAYAKI & ORS.

(2001) JELR 52217 (CA)

Court of Appeal  •  CA/A/38/2000  •  4 Dec 2001  •  Nigeria

Coram
ZAINAB ADAMU BULKACHUWA, JCA ALBERT GBADEBO ODUYEMI, JCA

Appearances
Mr. J.E. Ochidi - for the Appellant. -*- Mr. T. Babaleye - for the 1st and 2nd Respondents.

Judgement
<p><strong> MUNTAKA-COOMASSIE, JCA (Delivering the lead : ): </strong> This is an appeal from the judgment of the High Court of Justice, Abuja, coram Kusherki J. delivered on 15th day of October, 1998. The case is in respect of a dispute as to the purchase of a land situated at Garki Village Abuja within the Federal Capital Territory Abuja.</p><p>The respondents herein, who were the plaintiffs at the trial court, took out a writ of summons to commence this action. The reliefs eventually sought against the defendants in the statement of claim were for:- A <em> SPECIAL DAMAGES </em></p><p>Cost of the land N670,000.00</p><p>Cost of clearing and excavation N25,000.00 Agency fee/commission paid to the first defendant N30,000.00 Cost of preparing and getting the building plan approved N25,000.00 TOTAL = N750.000.00</p><p>=========</p><p><em> GENERAL DAMAGES </em> N250,000.00</p><p>And the plaintiffs claim the sum of One Million naira (N1m) being special and general damages for money had and received and total failure of consideration.</p><p>The defendants, who are now t…</p>

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