Mr. John U. Enejo v. Alhaji Nasir A. Sanusi & Ors (2025)

LAWGLOBAL HUB Lead Judgment Report – SUPREME COURT

CHIDI NWAOMA UWA, JSC (Delivering the leading judgment)

The appeal is against the judgment of the Court of Appeal sitting in Kaduna Division (hereinafter referred to as the court below), delivered on 14th December, 2006 which affirmed the decision of the Kaduna State High Court (hereinafter referred to as the trial court), delivered on 17th May, 2003.

The essential facts of the appeal are that the 1st respondent approached the 2nd respondent, the original owner of the disputed property to purchase same, and both parties agreed on the sum of N150,000.00 (One hundred and fifty thousand naira).

A part payment of N95,000.00 (Nine five thousand naira) was made by the 1st respondent, after which a sale agreement, exhibit P1, was drawn up by Fabian Okonkwo, Esq., for the parties.

Consequently, the 2nd respondent surrendered a Certificate of Occupancy No: 0002790, exhibit P2, to the 1st respondent. The 2nd respondent took the 1st respondent to the disputed property to introduce him to the appellant and his wife, as the new landlord.

The balance payment was agreed to be made after the 1st respondent had taken possession of the disputed property upon the 2nd respondent evicting the tenant, the appellant, and his wife, occupying the property.

The 2nd respondent, however, failed to evict the appellant and his wife, which prompted the 1st respondent as “Plaintiff” to have brought an action against the 2nd respondent as a sole “Defendant” seeking a declaration that the contract he entered with the 2nd respondent is subsisting and for a decree of specific performance over the property in dispute.

The said reliefs were granted. The appellant appealed to the Court of Appeal to be joined as an interested party, which was granted.

The court by its judgment delivered on 13th January, 1999, allowed the appeal, set aside the judgment of Makeri, J, and ordered a retrial.

The 1st respondent upon amending his processes before the trial court sought the following reliefs against the appellant and the 2nd respondent, to wit:

1a. A declaration that a valid contract of sale of landed property consisting of one 4-bedroom flat, one uncompleted two bedroom annexed behind within fenced premises and compound 100 x 50 situate and lying at Pallandan, along old Kano road, Zaria and covered by Certificate of Occupancy No. 000279 of 25/10/82, as contained in a sale agreement dated 20/9/92 between the plaintiff and 1st defendant is subsisting.

b. An order of specific performance of the said contract of sale contained in the said sale agreement dated 20/9/92 between the plaintiff and the 1st defendant.

c. An order of ejection of the 2nd defendant from the property described above.

d. The sum of N500,000.00 as general damages for the breach of contract against the 1st defendant.