MR Ray Akanwa V. Hon. Sylvester Ogbaga (2016)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

HELEN MORONKEJI OGUNWUMIJU, J.C.A.(Delivering the Leading Judgment)

This is an appeal against the judgment of the High Court of Ebonyi State delivered by Hon. Justice P. O. Elechi on 23/07/13 wherein His Lordship upheld the plaintiff?s claim, declared the purported sale of land to the plaintiff by the defendants as illegal, null and void and of no effect and ordered the defendants to refund to the plaintiff the sum of N5, 000, 000.00 for the sale of land which failed. His Lordship also awarded the sum of N100, 000.00 as damages.

The undisputed facts that led to this appeal to wit:

The plaintiff by his Statement of Claim dated and filed on 21/03/13 claims against the defendant as follows:

1. An order of Court declaring the purported sale of land by the defendants to the plaintiff illegal.
2. An order of Court for a refund of the sum of N5,000, 000.00 by the defendants jointly and severally to the plaintiff being the money had and received by the defendants from the plaintiff for a failed consideration and or for sale of land that does not belong to them.
3. Specific damages in the sum of N800,000.00.

i. Particulars of

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Special Damage.

ii. Legal fee ( professional fee for writing irrevocable Power of Attorney) = N500,000.00

iii. Cost of perimeter fencing of the said land = N300,000.00

Total =N800, 000.00

4. General and exemplary damages in the sum of N2,000,000.00 only for the inconveniences and psychological trauma the distinguished Hon. Member of the House of Representatives was subjected to.

The Learned trial judge after reviewing the evidence of the parties in this matter came to the conclusion that the plaintiff had proved his case and discharged the burden of proof placed on him by Section 138 of the Evidence Act. His Lordship upheld the plaintiff?s claim, declared that the purported sale of land to him as illegal, null and void and of no effect. His Lordship also found the defendants jointly and severally liable to the plaintiff for the damage and loss occasioned by the failed sale of land transaction. The Learned trial judge thereafter ordered the defendants to refund the sum of N5,000, 000.00 to the plaintiff for the sale of land which failed because the land did not belong to the defendants and awarded N100,000.00 as general damages

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against the defendants.

Dissatisfied with the judgment of the trial Court, the appellant initiated this appeal by a Notice of Appeal filed on 23/07/13 containing 4 grounds of appeal and records were deemed transmitted on 16/4/15. The appellant?s brief was filed on 25/10/13 and deemed filed on 16/4/15. A reply brief was filed on 16/12/13 and deemed filed on 16/4/15. Respondent?s brief was filed on 29/11/13 and deemed filed on 16/4/15.