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CaseLaw

Mini Lodge Ltd. Vs. Ngei (2009) CLR 12© (SC)

Judgement delivered on 11th December 2009

Brief

  • Reply brief
  • Contract for sale of land
  • Evaluation of evidence
  • Finding of fact

Facts

This is an appeal against the judgment of the Port Harcourt Division of the Court of Appeal on the 12th of April 2006. The original action itself was initiated at the Port Harcourt Judicial Division of the High Court of Rivers State by a writ of summons issued in April 1992. The Plaintiffs were the Appellants Cross Respondents at the Court below and are the Appellants in this Court. The Defendants were the Respondents/Cross-Appellants at the Court below and are the Respondents herein. I shall herein after in this judgment simply refer to the Plaintiffs as Appellants and the Defendants as Respondents.

Both the writ of summons and the Statement of Claim were amended. In the amended writ of summons a claim for N2 million naira for breach of contract was added to relief No.4. In the amended claim which is reproduced in paragraph 18 of the Amended Statement of Claim the Appellants claimed against the Respondents jointly and severally as follows:

  • 1.
    A declaration that the purported sale of Plot 136 Borokiri Layout otherwise known as No.4 Etche Street Borokiri, Port Harcourt within the jurisdiction of the Honourable Court by the 1st Defendant to the 2nd Defendant Is illegal, null and void.
  • 2.
    A declaration that the Plaintiff is entitled to the Right of Occupancy of the said property.
  • 3.
    An order of Specific Performance against the 1st Defendant to perfect the title of the 1st Plaintiff by executing the necessary Deed of Assignment.
  • 4.
    In the alternative, the sum of N70,145.85 (seventy thousand, one hundred and forty-five naira, eighty-five kobo) being money paid to the 1st Defendant by the Plaintiffs and the Plaintiffs also claim the sum of N2 million representing general damages for breach of contract against the 1st Defendant for failure to perfect (he sale of Plot 136 Borokiri Layout to the Plaintiffs.
  • 5.
    The sum of N100,000.00 (one hundred thousand naira) being damages for trespass against the 2nd Defendant in that on the 30th September 1988, the 2nd Defendant without leave or license broke into the premises aforesaid and caused extensive damages to the Plaintiffs property.
  • 6.
    A perpetual injunction restraining the Defendants and each of them by themselves/servants or agents from further interference with the possession of the Plaintiffs.

The Respondents also counter-claimed against the Appellants seeking declaration that the 2nd Respondent is entitled to the statutory right of occupancy to No.4 Etehe Street, Borokiri, Port Harcourt.

The trial Court dismissed the Plaintiffs/Appellants' claim in its entirety. The Court however granted reliefs (i) and (iv) of the counter-claim to the effect that the Plaintiffs have no interest whether legal or equitable in the property in dispute and that the 2nd Defendant was entitled to vacant possession of same. Reliefs (ii) and (iii) of the counter-claim were dismissed.

Both parties were dissatisfied with the judgment of the trial Court, they appealed and cross-appealed against the same judgment. The Court of Appeal dismissed the lone issue in the main appeal and allowed the cross-appeal.

Still dissatisfied the Plaintiffs/Appellants appealed to the Supreme Court.

Issues

  • 1.
    Whether the Court of Appeal was wrong in affirming the trial Court's...
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