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CaseLaw

Achonu V. Okuwobi (2017) CLR 4(i) (SC)

JJudgement delivered on April 13th 2017

Brief

  • Preliminary objection
  • Pleadings – Bindingness of
  • Ground of appeal
  • Fresh point on Appeal
  • Jurisdiction – Types of
  • Procedural Irregularity
  • Part payment for land – Effect of default in paying balance
  • Contract – Conditions precedent to enforcement of
  • Pleadings – Bindingness of on parties
  • Order 20 Rule 5 (1) of the Court of Appeal Rules 2011
  • Section 233(2) of the 1999 Constitution
  • Section 233(3) of the 1999 Constitution
  • Section 5(3) Law Reform (Contracts) Act 1961 applicable to Lagos State

Facts

This is an appeal against the decision of the Court of Appeal, Lagos Division. Mr. Oladipo Okuwobi, the Respondent in this appeal offered his property located at No. 65 Bode Thomas Street, Surulere, Lagos to the Appellant herein to buy at the price of N1,500,000.00. The Appellant accepted the offer and made part payment of the purchase price in two installments of N500,000.00 and N200,000.00 and the two receipts evidencing these payments were issued on 3rd June, 1992. The Appellant promised to liquidate the balance of N800,000.00 within one week and when she failed to honour the promise, the Respondent instructed his solicitors to write to the Appellant informing her that he was no longer selling the property on the ground that the project for which he needed the money from the sale of the property had been frustrated by the Appellant's inability to pay the purchase price within the stipulated time agreed to.

By an amended statement of claim, the Appellant who was the plaintiff at the High Court of Lagos State, claimed against the Respondent the following reliefs:

  • i
    Specific performance of the contract for the sale of the property situated at and being at No. 65, Bode Thomas Street, Surulere, Lagos by executing and doing in favour of the plaintiff all necessary acts, deeds, forms and thing for the due vesting and registration of ownership of the said property in the plaintiff and obtaining and delivering to the plaintiff a valid copy of his tax clearance certificate and of all other documents necessary for supporting an application for change of ownership in favour of the Plaintiff.
  • ii
    Mesne profits in the sum of N150,000.00 per annum with effect from 1st August, 1992 in respect of the ground floor flat at 65, Bode Thomas Street, Surulere, Lagos State until possession is given up."

After the plaintiff and respondent presented their cases at the High Court of Lagos State, the learned trial Judge found that there was a valid and subsisting contract of sale of the property in dispute between the Parties. He found that there was part performance on the basis of which he held that the plaintiff/appellant was entitled to an order for specific performance and he proceeded to grant same. Aggrieved with the decision of the High Court, the respondent successfully appealed to the Court of Appeal which in its considered judgment agreed that there was evidence of Part–payment for the purchase of the property and that the parties had indeed negotiated a contract of sale. The Court of Appeal however found that time was of the essence of the contract and that there was no sufficient evidence on the basis of which the order of specific performance could have been made in favour of the plaintiff. Against the decision of the Court of Appeal, the appellant appealed to the Supreme Court.

Issues

Whether Ground (vi) contained in the notice of appeal filed by the...

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