said Exhibit “C” are offer letters issued to Choice Oak
Services Ltd, Silver Ogbogu by the 2nd Defendant.
I have perused the content of the said Exhibit “F” i.e
Memorandum of Understanding (MOU) which to my
mind seem to be the bone of contention.
By
paragraph
viii
of
the
Memorandum
of
Understanding, it was mutually agreed that the project
cost/construction cost which shall be mutually agreed
upon by the parties shall be borne by the developer and
may include but not limited to funding from the
financial institution.
Paragraph X of the memorandum is hereby reproduce
“that the property shall be built and sold by the
developer with the cooperation of the client when
completed to interested members of public at it current
market value as will be determined by retained
professional valuers of the developer and the client.”
From the above quoted paragraph, can it be said that the
Defendants complied with the agreement when they
FEDERAL REPUBLIC OF NIGERIA AND KAYODE GABRIEL ADENIJI & 2ORS
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