were issued to the Plaintiff in the name of the 2nd Defendant and that the
Plaintiff never at anytime bought any shops from the 1st Defendant and
the 1st Defendant is not owing the Plaintiff.
The case of the 2nd Defendant is that the Plaintiff his it staff and upon his
business proposal, the 2nd Defendant decided to buy six (6) shops at the
1st Defendant EFAB Mall Shopping Complex Garki II Abuja.
Towards this, the 2nd Defendant paid the 1st Defendant for the shops
through the Plaintiff’s account and receipt were issued to it by the 1st
Defendant. When the shops were ready, the 1st Defendant handed them
over to it (2nd Defendant).
The 1st Defendant in his written address raised one issue for determination
namely:“Whether the Plaintiff has proved his case against the 1st
Defendant to be entitled to the reliefs sought”
The second Defendant on his part raised three issues for determination
namely:1. Whether given the facts of this case, there was a contractual
relationship between the Plaintiff and 1st Defendant which the Court
can enforce.
2. Whether the Plaintiff acted as an agent for the 2nd Defendant in the
process and procedure leading to the purchase of the six (6) shops
by the 2nd Defendant from the 1st Defendant.
3. Whether considering the evidence before this Court
including all
the Exhibits the 2nd Defendant not the Plaintiff is the bonafide
purchaser of shops D11, D02, C07, C04, C03 and C08 situate at EFAB
Mall Shopping Complex Area II Garki Abuja, the subject matter of
this suit.
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