Incorporated Trustees of MFM v. Aunty Mary Schools Ltd

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Facts:

The respondent who was the plaintiff at the trial court is the owner of a parcel of land situate at plot No 414 Cadastral Zone B5 in Utako District, Abuja covered by a Certificate of Occupancy No FCT/ABU/MISC/12267.

One Barrister M. M. Nurudeen who was a third party to the suit at the trial court purportedly sold the above mentioned parcel of land to the appellants who were the defendant at the lower court for a consideration of 311 million which he received in his name and issued receipts in respect of same.

The respondent at the lower court mentioned through its pleading and evidence that it did not sell, and did not authorize any agent or anybody whatsoever to sell, lease, assign or transfer the said piece of land in dispute. The appellant maintained that the 3rd party held out himself as the Attorney and company secretary of the respondent.

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