Acmel Nigeria Limited & Anor V. First Bank Of Nigeria PLC & Ors (2014)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

SAMUEL CHUKWUDUMEBI OSEJI, J.C.A. (Delivering the Leading Judgment)

This appeal is against the judgment of the High Court of Lagos State delivered on the 13th day of October 2010 by Hon.Justice K.O. Alogba wherein the claim was dismissed while the counter-claim was granted in part.

1.1. By their Amended Writ of Summons and Statement of Claim dated 22nd July, 2008, the Claimants claimed against the 1st -3rd Defendants jointly and severally for:

“a) AN ORDER of Specific Performance compelling the 1st Defendant to execute the contract of sale and Assignment of property situate and known as plot 6G Cappa Estate Maryland, Lagos in favour of the Claimants in the suit herein.

“b) AN INJUNCTION restraining the 2nd and 3rd Defendants their Agents, Servants and/or privies from interfering in any way whatsoever with the sole transaction of Plot 6G, Cappa Estate, Maryland, Lagos between the 1st Defendant and the Claimants.

“c) AN ORDER of perpetual injunction restraining the Defendants whether by themselves or their agents, servants, and/or privies from taking any steps whatsoever to eject the Claimants or any of their family members from the property known as Plot 6G Cappa Estate Maryland, Lagos.”

In the “1st and 3rd Defendants Amended Statement of Defence and Counter-claim” dated the 6th day of August 2008, the 1st and 3rd Defendants who are the 1st and 2nd Counter-claimants counter-claimed thus:

“(a) The 1st Counter-claimant counter-claims against the 1st-4th Defendants to the Counter-claim as follows:

“(i) against the 3rd and 4th Defendants to the Counterclaim jointly and severally, a mandatory order to effect the payment of the stamp duties on the Tenancy Agreement dated the 20th day of October 2003 between the 1st counter-claimant and the 4th counter-claimant as shall be assessed by the Federal Inland Revenue Services, and to cause the said Tenancy Agreement to be duly stamped;

“(ii) against the 3rd and 4th Defendants to the Counterclaim jointly and severally special damages in the sum of N3,500,000.00 (Three Million Five Hundred Thousand Naira) per annum for the use and occupation of the property lying being and situate at Plot 6, G. Cappa Estate Maryland Estate, Onigbongbo, Lagos, from 20th October 2005 till 31st January, 2008 together with interest at the rate of 19% per annum with effect from 20th October 2005 until judgment and thereafter at the rate of 10% per annum until payment.

(iii) against the 1st and 2nd Defendants jointly and severally, general damages for trespass on the property lying being and situate at Plot 6G. Cappa Estate Maryland Estate, Onigbongbo, Lagos from 20th October 2005 till 31st January,2008; and

“(iv) the cost of this action.

(b) The 2nd Counterclaimant counter-claims against the 1st-2nd Defendants to the counter-claim, jointly and severally for:

“(i) possession of the property lying being and situate at Plot 6G. Cappa Estate Maryland Estate, Onigbongbo,Lagos and