Lawyer Answers
Silverwrit Attorneys
Hissam Law Chamber
This is a clear case of breach of contract and potential fraudulent misrepresentation by the developer. Based on the details provided, here is the recommended legal course of action:
Breach of Contract: Since the developer failed to provide the allocated land and has only issued a partial refund, you are legally entitled to the full remaining balance plus damages.
Demand Letter: Your first step should be to engage a local attorney in Nigeria to serve a formal 'Demand Letter' to both the developer and the colleague involved, demanding the full refund with interest within a specific timeframe.
Civil Action for Recovery: If the demand letter is ignored, you should file a civil suit for the recovery of the balance amount (N10,000,000) along with interest and costs for 'failure of consideration' and 'breach of trust'.
Criminal Complaint: Given that the plot provided has no specific beacon number and cannot be developed, you may also report this to the relevant authorities (such as the EFCC in Nigeria) for investigation into fraudulent land dealings.
I strongly advise you to secure all original payment receipts and the allocation documents to strengthen your legal claim.
Best regards,
Advocate Sultan Hissam
Hissam Law Chamber
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