Alhaji (Chief) Waidi Olatunji V. Lasisi Adedapo & Ors (2013)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

MONICA BOLNA’AN DONGBAN-MENSEM, J.C.A. (Delivering the Leading Judgment)

On the 1st of June, 2007 Honourable Justice A. A. Adeniran upheld the case of the Respondents as Plaintiffs and against the Appellant as Defendant. The parties shall hereafter be referred to simply as Appellant and Respondents respectively.

The Respondents as Plaintiffs before the High Court of Justice of Oyo State sought the following reliefs in their Statement of Claim:-

(1) A declaration that the purported agreement dated 26th day of June, 1996 executed between the plaintiffs and the Defendant for not including essential terms of the contract and so it is illegal and void and should be set aside for the following grounds viz:-

a. It does not represent the true intention of the parties when the contract was entered into between the parties sometimes in March, 1996 at the meeting held in Adetona’s compound, Idikan, Ibadan.

b. Though the documents contained illiterate’s jurat provisions of Illiterate protection Laws of the Federation of Nigeria, 1958 cap. 83 were not complied with.

(2) In the alternative, a declaration that the Defendant is in breach of the fundamental terms of the contract Agreement for the non-completion of the construction project.

(3) An order for the termination of the said contract Agreement for non-completion of the construction works of the project.

(4) An order for recovery of possession of the plaintiffs’ landed properties.

(5) A declaration that the Defendant is only entitled to be paid Quantum Meruit for the work done for the period 1/10/96 to 30/09/97 on the plaintiffs house he (the Defendant) having failed to complete construction works on the project within the agreed stipulated time.

(6) Sum of N900,000.00 (Nine Hundred Thousand Naira) being damages for the breach of the contract as follows:-

(a) sum of N72,000.00 (Seven-Two Thousand Naira) being arrears of rent at the rate of N4, 000.00 per month for the period of 1st October, 1997 to 31st March, 1999 in respect of the four shops which Defendant failed to construct on the first floor of the Plaintiffs house.

(b) Sum of N18, 000.00 (Eighteen Thousand Naira) being arrears of rents at the rate of N1,000.00 per month for the period of 1st October, 1997 to 31st March, 1999 in respect of the four rooms which Defendant failed to construct on the first floor of the Plaintiffs’ house.

(7) An order of injunction restraining the Defendant his servant and/or agents from going into the plaintiffs landed properties situate at NW2/528, Ikolaba’s Compound, Idikan, Ibadan harassing and or preventing the Plaintiffs, their servants and/or agents from carrying on the reconstruction and or using the landed properties.”