CORAM

COKER, JUSTICE, SUPREME COURT

BABALAKIN,JUSTICE, SUPREME COURT

IRIKEFE, JUSTICE, SUPREME COURT

PARTIES

R.O. SANUSI APPELLANTS

RESPONDENTS

AREA(S) OF LAW

SUMMARY OF FACTS

The appellant applied for specific performance of the contract of sale in respect of property for which he had paid for. The payment was acknowledged by the defendants in the contract of sale. The lower court only awarded damages.

HELD

The court allowed the appeal and ordered specific performance.

ISSUES

Whether the learned trial judge was right in failing to order specific performance of the contract of sale between the parties

RATIONES DECIDENDI

WHETHER A DEFENDANT WHO HAS CERTIFIED RECEIPT OF PURCHASE PRICE OF PROPERTY CAN DENY THE FACT

Where the defendant has “certified” in a document that he had indeed received payment for the purchase price of property, he will be completely estopped by the contents of the document from denying that he had received the full purchase price of the property in question. – Coker J.S.C

CASES CITED

STATUTES REFERRED TO

CLICK HERE TO READ FULL JUDGMENT