Bimt Ventures Limited V. Linpak Nigeria Limited (2009)

LawGlobal-Hub Lead Judgment Report

RAPHAEL CHIKWE AGBO, J.C.A.

The appellant as claimant at the High Court of Lagos State claimed from the respondent as defendant as follows:

“(i) A declaration that the plaintiff’s indebtedness to the defendant in respect of the Awolowo Market Development project in Olosa, Mushin, Lagos is not N20 million as now being falsely claimed by the defendant.

(ii) Perpetual injunction restraining the defendant either by itself or its servant, privies or agents or otherwise or in any manner howsoever from further obstruction or interruption or disruption or disturbance of the on-going construction works at the Awolowo Market, Olosa, Mushin, Lagos or doing anything that would be adverse to the interest of the plaintiff in respect thereto.

(iii) The sum of N8 million (eight million naira) as special and general damages suffered by the plaintiff as result of the defendant’s conduct and actions.”

The respondent counter-claimed as follows:

“(i) A declaration that by virtue of an agreement dated the 3rd of January 2003 and entered into between the plaintiff and 1st defendant and receipt dated Thursday, May 8, 2003 issued by the 1st defendant, the plaintiff is the rightful owner of 20 (twenty) lock – up shops (type A) in the market known as Awolowo Market, Olosa, Mushin, Lagos State.

(ii) A declaration that whatever the 2nd defendant’s interest is in the property known as Awolowo Market, Olosa, Mushin, Lagos State, it does not supercede the plaintiff ownership of 20 (twenty) lock – up shops (type A) in the said market. ,

(iii) An order of injunction restraining the defendants, whether by themselves, their officers, agents, servants, privies or otherwise howsoever from selling, leasing, transferring etc. all the type A lockup shops in Awolowo Market, Olosa, Mushin, Lagos State except the plaintiff first takes physical possession of twenty of the said shops.”

Upon conclusion of hearing, the court below adjudged the disputation as follows:

“1. The claimant shall pay the sum of N20 million to the defendant being its admitted indebtedness to the said defendant on or before the completion of the on-going construction of the Awolowo Market, Olosa, Mushin, Lagos State.

2. Until the said sum of N20 million is fully paid, the Deputy Sherriff of the High Court of Lagos State shall take immediate possession of the already completed 27 type A lock-up shops at the said Awolowo Market, Olosa, Mushin, Lagos State and vest same in the defendant should the said sum of N20 million be unpaid on the completion of the construction of the said market project and where only a portion of the said sum of N20 million is outstanding at the end of the said project, then the Deputy Sherriff shall vest such proportion of the said shops as shall be sufficient to offset the outstanding amount of the said N20 million at the rate of N750,000.00 per shop, in the defendant and transfer the remainder back to the claimant.

However in the event that the claimant pays up the said sum of N20 million in full before the completion of the said construction project, then the Deputy Sherriff on receiving proof of such payment shall immediately return the entire 27 shops to the claimant.

3. The defendant on its part is hereby restrained by itself, its operatives, agents, privies or assigns from obstructing, interrupting, interfering or in any way or manner disturbing the on-going construction works at the said Awolowo Market, Olosa, Mushin, Lagos State.
4. In line with the clear evidence of its Managing Director before this court that the said sum of N20 million is interest free, there shall be no order for interest to be paid on the said judgment sum of N20 million.
5. Each party shall bear its own cost.”

Not satisfied with the parts of the decision of the court below the appellant has filed this appeal complaining only of:

“Part of the decision relating to the finding that the defendant was entitled to 27 shops valued at N750,000 (Seven hundred and fifty thousand naira) for each shop and the order that the claimant shall pay the defendant N20 million on or before the completion of the on going construction of the Awolowo Market, Mushin, Lagos as well as the order that the Deputy Sheriff of the High Court of Lagos State shall take immediate possession of already completed 27 TYPE A LOCK UP SHOPS at Awolowo Market, Olosa, Mushin, Lagos and vest same in the defendant should the sum of N20 million be unpaid on the completion of the construction of the said market project.”