African Petroleum Plc. V. David Abrorisade & Anor (2013)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

ITA G. MBABA, J.C.A (Delivering the Leading Judgment)

This is an appeal against the judgment of Kaduna State High Court in suit No. KD/Z/78/1999, delivered on 9th April, 2009 by Hon. Justice Mairo L. Mohammed, wherein the learned trial judge entered judgment for the Respondents who were plaintiffs in the suit, that the Appellant was in breach of the lease agreement with the Respondents by not building a petrol filling station on the leased land; that the breach resulted to trespass on the land by strangers.

The claim at the trial court, as per the endorsement on the writ of summons was for:

“(I) The sum of fifty million Naira only (N50, 000,000.00) as general Damages for breach of the sublease Agreement and compensation for loss of his (sic) plot as a result of the Defendant’s deliberate careless and callous conduct.

(II) An order that the Defendant should pay the plaintiffs the sum of N150, 000.00 being revised rent for three years between August, 1996 – August, 1999.

(III) Such further or other orders as the Honourable Court may deem fit to make.”

Of course, the Appellant had counter claimed, blaming the Respondents for Appellant’s failure to take possession of the land.

Appellant filed the Notice and grounds of Appeal on 22nd May, 2009, but later obtained the leave of this court to file Amended Notice of Appeal on 19th January, 2011 wherein he disclosed 4 grounds of appeal, as follows:-

“GROUND ONE

That the learned trial judge erred in law when he found the Appellant liable in damages to the Respondents upon a voidable contract of lease of a piece of land for which the lease agreement was not registered in accordance with the provisions of the law.

PARTICULARS

The facts before the Lower Court revealed that it was the duty of the Respondents to stamp and register the lease agreement (the basis of the contract) with the ministry of Lands and surveys, Kaduna, which they failed to do as required by the Instrument Registration Law of Kaduna State.

GROUND TWO

That the trial judge erred in law when he Ordered the Appellant to release Certificate of Occupancy No. 7936 deposited by the Respondents for payment made to them for fifteen (15) yeans over the subleased land contrary to their claim.