Engr. Adebayo Oyewale V. Alhaji Kola Lawal (2008)

LawGlobal-Hub Lead Judgment Report

JOHN AFOLABI FABIYI, J.C.A.

This is an appeal against the judgment of Hon. Justice J. O. Ige delivered on 31st January, 2003 while sitting at the High Court of Justice, Ibadan, Oyo State of Nigeria.

The heads of claim set out at the lower court by the plaintiff, who is the respondent herein; against the defendant thereat and appellant in this court appear legion. As contained in paragraph 22(a)-(e) of the further amended statement of claim dated 7th May, 2002, the plaintiffs claims read as follows:-

“22. Whereof the plaintiff claims against the defendant as follows:-

a. Possession of the piece or parcel of land situate, lying and being at Plot 9 Block II off T. A. Adeniran Layout, near Apata Kekere village, off Oyo Road, Ibadan registered as No. II at page 11 in volume 2271 of the Lands Registry in the office at Ibadan together with the building out-houses thereon and appurtenances thereto which property was absolutely assigned to the plaintiff by the defendant on 25th October, 1994;

b. Possession of the piece or parcel of land situate near Apata Kekere village, off Oyo road, Ibadan registered as No. 55 at page 55 in volume 2032 of the Lands Registry in the office at Ibadan together with the building out-houses thereon and all appurtenances thereto which property was absolutely assigned to the plaintiff by the defendant on 25th October, 1994;

c. The sum of N32, 000.00k being rent unlawfully collected by the defendant on the properties described at (a) and (b) above for the months of November and December, 1994 and January and February, 1995 i.e. 8 flats at N1,000.00k each per month;

d. The sum of N6,400.00k being rent unlawfully collected by the defendant on the 2 boys quarters on the said properties described at (a) and (b) above for the months of November and December, 1994; January and February, 1995;

e. Mesne profit at the rate of N9,600.00k per month on the said properties with effect from March, 1995 until possession is given to the plaintiff by the defendant or judgment is delivered whichever is earlier.”

Pleadings were filed and exchanged by the parties who had cause to amend same. Parties testified and called witnesses. Series of exhibits galore were tendered and marked Exhibits A-Q respectively in a bid to prove that a contract of sale of the stated properties existed between the parties and that the defendant should perfect his own side of the bargain.

For a proper appreciation of the issues canvassed in this appeal, it is apt to recapitulate the facts garnered by the learned trial judge; albeit briefly.

The plaintiff’s case was that the defendant persuaded him to purchase the houses, subject matter of the suit, while the defendant desperately needed money. The plaintiff discovered after a search at the Deeds Registry in Ibadan that the title Deeds were encumbered. The defendant requested for a loan of N8,000 to effect the release of the title documents and the plaintiff obliged him. The release of the documents was secured by the defendant.

The plaintiff observed that one of the title documents bore the name of one Madam Comfort Sogunro. The defendant explained that she was his cousin in whose name he purchased the land but that he would obtain a Power of Attorney from her to enable him effectively sell the twin houses. The defendant procured the Power of Attorney and surrendered it together with all other title documents covering the houses to the plaintiff. The agreed price of the houses was provided by the plaintiff and the defendant executed documents – Exhibits ‘A’ & ‘A1’ absolutely assigning the houses to the plaintiff. The defendant executed Exhibit ‘A’ in his beneficial right while he executed Exhibit ‘A1’ as attorney of Madam Comfort Sogunro his cousin in whose name he purchased the land. The defendant collected Bank draft Issues by the plaintiff in his favour and undertook to get the existing tenants out of the houses.

The defendant later desired to get the contract rescinded as he said he had a new offer for twice the agreed purchase price. The plaintiff turned same down as he maintained that he obtained the purchase price through a bank loan. The defendant wrote a petition, Exhibit ‘G’ to the Commissioner of police for assistance to recover all the surrendered sale documents from the plaintiff to no avail. The defendant maintained that he was drugged by the plaintiff when he signed the sale documents in the plaintiff’s office. The defendant again said he signed the documents on his sick bed in his house.