Alh. Umar Yusuf Asaka V. Alh. Saleh Raminkura & Ors (2014)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

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

This is an appeal against the final judgment of Kaduna State High Court in suit No. KDH/KAD/114/2005, delivered by Hon. Justice T. Zailani on 22/5/2006, wherein the learned trial Court dismissed the claims of the Plaintiff (Appellant herein) and granted the Counter-claim of the Defendants (1st Respondent herein), in part.

Appellant’s claim in the Court below, as per the writ of summons, filed on 17/2/2005 and the statement of claim was for:

“(a) A declaration that the contract between the plaintiff and the first Defendant for the sale of the property known called and described as plot No. 3 Fabson close, Tudun Wada, Kaduna is still valid and subsisting.

(b) A declaration that the 1st Defendant cannot rescind the contract for the sale of property known, called and described as Plot No. 3 Fabson Close, Tudun Wada, Kaduna he entered into with the plaintiff while the plaintiff has sufficiently paid for the said property and/or while the payment for the said property is strictly observed by the plaintiff.

(c) A declaration that the plaintiff has paid a total sum of N1,850,000.00 to the 1st Defendant through his agents, that is 2nd and 3rd Defendants.

(d) An order of specific performance of the contract of sale between the plaintiff and the 1st Defendant.

(e) An order compelling the 1st Defendant to collect the balance of the purchase price in the sum of N400,000.00.” (See pages 2 and 5 of the Records)

The 1st Defendant filed a defence and a Counter-claim, claiming as follows:

“(1) A declaration that the purported sale of the landed property at No. 3 Fabson Close, Tudun Wada, Kaduna by the 1st Defendant to the plaintiff is null and void for want of financial ability on the part of the plaintiff to effect the payment of the consideration.

(2) An order setting aside the purported sale of the said landed property at No. 3 Fabson Close, Tudun Wada, Kaduna

(3) A declaration that the plaintiff is still a tenant of the 1st Defendant in respect of the landed property situate and being at No.3 Fabson Close, Tudun Wada, Kaduna, and therefore liable to pay the agreed rent.

(4) An order compelling the plaintiff, as the contract has failed, to collect the deposit of Five Hundred Thousand Naira (N500,000.00) only he earlier paid less than the sum of N240,000.00 as the rents for the years 2003/2004 and 2004/2005 which rent is always paid in advance

(5) An order compelling the plaintiff to be paying the 1st Defendant yearly the agreed rent of N120,000.00 per annum until the tenancy is determined by either of the parties.”