Chitra Knitting And Weaving Manufacturing Company Limited V. G. O. Akingbade (2016)

LAWGLOBAL HUB Lead Judgment Report

WALTERSAMUELNKANUONNOGHEN,J.S.C.

This appeal is against the judgment of lower Court in appeal No CA/l/108/98 delivered on the 19th day of December 2005 allow the appeals of the parties herein and ordering a retrial de novo before another Judge. By an amended Writ of Summons the respondent as plaintiff,claimed the following reliefs against the defendant, now appellant:-

(1) A declaration that the Agreement dated 4th day of April 1992 for an assignment al all that piece or parcel of land covered in part by a Deed or instrument registered as No 31 at page 31 in Volume 8 of the Lands Registry, Abeokuta, executed by the plaintiff and the Defendant is the only valid and subsisting Agreement between both parties.

(ii) A declaration that in so far as the defendant had committed a fundamental breach of the said Agreement, the plaintiff is entitled to treat the said Agreement as at an end.

(iii) An order directing the defendant to return forthwith to the plaintiff the original instrument registered as No. 31 at page 31 in Volume 8 of the Lands Registry, Abeokuta, and other title documents now in possession

of the defendant subject to a refund of such sums of money the Court may find the defendant is entitled to from the plaintiff which the defendant paid on account of the said Agreement.

(iv) A perpetual injunction restraining the defendant, its agents, agents or privies from disturbing or interfering with the plaintiff’s enjoyment and possession, of the said parcels of land.”

By the further Amended Statement of Defence and Counter-Claim at pages 78 – 81of the record, appellant as defendant counter – claimed against the plaintiff/respondent inter alia as follows –

(i) A declaration that the Agreement executed between the Defendant and plaintiff dated the 26th of March 1992 for the assignment of ALL THAT parcel of land situate and lying at Abi Feeds along ldiroko Road, Otta, Ogun State opposite A U. D School, Sango – Otta, and consisting in part of ALL the parcel of land forming the subject matter of the instrument registered as No 31/31/8 in the Lands Registry in the office at Abeokuta is valid and binding.

(ii) An order of mandatory injunction commanding the plaintiff to give up possession of the aforesaid parcels of land

(together with the buildings) the Defendant having carried out its obligations under the Agreement.

(iii) N2m special and General Damages for trespass, breach of contract and for inducing a breach of contract between the plaintiff and a 3rd party.

The case proceeded to trial at the conclusion of which the Learned trial Chief Judge of Ogun State, in a judgment delivered in suit No. HUT/ 151/92 on the 20th day of May 1997, dismissed both the claim and counter-claim of the parties on the ground that Exhibits “A’- A1 and ‘B’ relied upon by both parties were registrable instruments which were not so registered and as such they ought not to have been tendered and admitted in evidence. However, the issue raised and on which the trial Court determined the suit was raised suo motu and without calling on parties/counsel to address the Court thereon.

Both parties were therefore very upset with the decision, resulting in each filing an appeal against same to the lower Court resulting in the decision now on appeal before this Court.