Union Bank of Nigeria PLC V. H.R.h. Eze Clifford C. Nwuche (2006)

LawGlobal-Hub Lead Judgment Report

ISTIFANUS THOMAS, J.C.A.

This appeal is against the judgment of Uriri, J., delivered on 7-11-2000 in suit No. PHC/63/93 between the same parties. This suit was commenced by writ of summons at Port Harcourt High Court before Akere. J. who was later dismissed from the Bench. The claims in the suit read:

“i) Specific performance of the Deed of Assignment dated 4th November 1988 between the plaintiff and the defendant to the plaintiff of all or the interest in certain property situate at and known as No. 6 Moscow Road, Plot 55A, Old GRA, Port Harcourt, Rivers State.

ii) Alternatively – a declaration that the defendant Union Bank Plc, is bound to convey the said property to the plaintiff in accordance with the terms of the said Agreement.

iii) Damages for breach of contract in addition to specific performance for N6 million.

iv) The plaintiff shall claim arrears of rents, rents and mesne profits from the defendant as specified below:

a)The sum of N450,000.00 being rental value of the Property from 1988 – 91 November at an annual rate of N150,000.00.

b) The sum of N300,000.00 being rental income on the properties for the year 1992.

c) Rental income at the rate of N500,000.00 from November 1992 till defendant effectively put the plaintiff in possession of the property.

v) If necessary, a vesting order.

vi) Further or other reliefs.

vii) Costs.”

The suit then was transferred to Uriri, J. who commenced de novo and concluded with the parties only giving evidence for themselves and called no other witness. After exchange of both counsels written address but before delivery of judgment, the plaintiff/respondent filed a motion on notice for further amended statement of claim by;

“1. In item 1 by deleting the words of the deed of assignment dated 4th November 1999 between the plaintiff and the defendant.”