Alhaji Muktar Ahmed Mohammed V. Mouktar Mohammed & Anor (2011)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

HELEN MORONKEJI OGUNWUMIJU, J.C.A. (Delivering the Leading Judgment)

This is an appeal against the judgment of the Lagos State High Court delivered by Honourable Justice E. O. Williams-Dawodu on 21st February, 2006. The High Court granted some of the releifs prayed for by the claimant and possession of the property in dispute.

The case at the High Court arose out of an agreement between the Claimant and the 1st Defendant dated 28th November, 1980. The agreement was tendered during the trial by the Claimant and admitted as Exhibit MM2.

In exhibit MM2, the Claimant agreed to accept a consideration of N50,000 from the 1st Defendant and assign the property at Ikoyi to him while the 1st Defendant agreed to use his good offices to get one COUNTING LIMITED to transfer a portion of a property at Sharada, Kano to a nominee of the claimant called DALFAM NIGERIA LIMITED also at a cost of N50,000.

The Claimant alleged that he had performed his own side by putting the 1st Defendant in possession of the Ikoyi property which he claimed is plot C, Turnbull Road (now No. 1, Jabita Close), Ikoyi, Lagos while the 1st Defendant failed to perform the agreement as regards the Sharada Property.

The dissatisfaction of the Claimant and his attempt to nullify Exhibit ‘MM2’ based on allegation of fraudulent misrepresentation and breach of contract led to this case which was commenced at the Lagos High Court in 1992. The parties claimed and counter claimed the following reliefs:

a) A declaration that the Plaintiff is the person entitled to the Certificate of Occupancy dated the 26th of September, 1979 registered as No. 24 at Page 24 in Volume 1875 of the Register of Deeds kept in the Lagos State Lands Registry.

b) A declaration that the Plaintiff is the person entitled to all that premises known as Plot C, Turnbull Road (now 1, Jabita Close), Ikoyi, Lagos

c) A declaration that the contract between the Plaintiff and the 7th Defendant entered into on the 28th day of November, 1980 was no longer binding by reason of serious breach by the 1st Defendant and fraudulent misrepresentation.

d) An order rescinding the contract between the Plaintiff and the 7th Defendant entered into on the 28th day of November, 1980 on the ground of fraudulent mis-representotion and breach of contract.

e) Possession of the said premises.

f) N500,000,000 (Five Hundred Million Naira) as general damage for breach of contract,

g) An order of Perpetual Injunction restraining the Defendants, their agents and any persons whatsoever deriving authority from them from dealing with and or interfering with the Plaintiffs right in and over the aforesaid land in any manner however having the effect of prejudicing and adversely affecting the rights of the Plaintiff to the land.

The Appellant filed an Amended Statement of Defence and Counterclaim. Specifically, the Appellant counterclaimed as follows: