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