Mr Isaac Olu V. Mr Sunday Iranloye (2007)

LawGlobal-Hub Lead Judgment Report

IGNATIUS IGWE AGUBE, J.C.A.

By a writ of summons dated the 23rd day of May 2005 and filed same day, the plaintiff/Respondent Sunday Iranloye commenced an action under the “Undefended List” procedure against the Defendant/Appellant and claimed as follows: –

“1. The sum of N600,000.00 being money paid by the defendant in respect of property at No.27, Offa Road, G.R.A. Ilorin under false representation as an estate agent commissioned by the owner of the property.

“2. Interest on the sum of N600,000.00 at the rate of 10% per annum from November, 2004 until final liquidation thereof.”

In line with Order 23 Rules 1 and 2 of the Kwara State High Court (Civil Procedure) Rules 1989 the plaintiff/Respondent supported the application for the issuance of the writ of Summons with an affidavit of twelve paragraphs setting for the grounds upon which the claim is based which are as follows: –

“3. That some time in November 2004, the defendant approached me as an estate agent commissioned by Chief Obaro (hereinafter known as the owner) to sell off the property at No.27 Offa Road, G.R.A. Ilorin.

“4. That the owner wanted the property sold for the sum of Four Million Six Hundred Thousand Naira only (N4,600,000.00) only and the defendant was to collect the money on his behalf.

“5. That on the 19th November, 2004 I paid a deposit of Six Hundred Thousand Naira only (N 600,000.00) to the Defendant and a receipt was issued. A copy is hereby attached and marked exhibit’ A’.

“6. That I later discovered that the Defendant was not an agent of the owner as he earlier claimed.

“7. That I have since concluded arrangements with the owner of the property for the sale and was advised by the Owner to ask for a refund of the deposit made to the defendant.

“8. That all attempts I have made to recover the deposit sum from the defendant have proved abortive.

“9. That I know that the defendant has the means to pay the deposit sum of N600,000.00 but refused to pay.

“10. That unless this Honourable Court gives judgment against the defendant for the sum of N 600,000.00 the defendant will not pay.

“11. That the Defendant will not be prejudiced if this application is granted.”