deposited the sum of N6,900,000.00 for the 4 no shops. He equally failed
to tender any payment slip to substantiate the assertion. He therefore
submitted that the Court is left with no option than to Acton the evidence
before it which is Exhibits DB1 – 7, and Exhibits DB 8 – 15 to hold that the
2nd Defendant, not the Plaintiff is the bona fide purchaser of the 6 no
shops namely D11, D02, C03, C04, C07 and C08 from the 1st Defendants
and urged the Court to so hold.
Counsel has further shown that:
1. The Plaintiff had no contractual relationship with the 1st Defendant
which this Court can enforce.
2. That in the process leading to the purchase of 6 no shops from the 1st
Defendant, the Plaintiff only acted as an agent of the 2nd
Defendant.
3. Finally, that the 2nd Defendant, not the Plaintiff was the bona fide
purchaser of the 6 no shops from the 1st Defendant and urged the
Court to so hold.
Counsel urged this Honourable Court to dismiss the entire suit of the
Plaintiff with substantial cost.
On the part of the Plaintiff, counsel submitted that this case revolves
round the ownership of the sum of N29, 400,000.00 (Twenty Nine Million,
Four Hundred Thousand Naira) paid to the 1st Defendant for the purchase
of shops. To ascertain the veracity of the claims of the parties in
accordance with the law, it is necessary to first of all draw out the
following facts which are not in dispute between the parties:a. On the 3rd day of June 2008, the Plaintiff paid a total sum of N29,
400,000.00 (Twenty Nine Million, Four Hundred Thousand Naira) to the
1st Defendant. he referred to paragraphs 3, 4, 5, 6, and 7 of the
Plaintiff’s statement claim; paragraphs 4, 5, 6, 7, 8, and 9 of the
Plaintiff’s statement on oath dated the 24th day of May, 2012;
paragraph 7 of the first Defendant’s amended statement of
defence dated 5th day of August, 2013; Exhibit AA1 and AA2 (the
First Inland Bank Deposit Slips No. 4433351 and 4433352 both dated
the 3/06/2008 showing the said payment).
b. The said payment was made by the Plaintiff in his own name. He
referred to Exhibit AA1 and AA2 (the First Inland Bank Deposit Slips
No. 4433351 and 4433352 both dated the 03/06/2008 for the sums of
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