American International Insurance Company Nigeria PLC & Ors V. Mrs. Grace U. Nwobi (2016)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

RITA NOSAKHARE PEMU, J.C.A. (Delivering the Leading Judgment)

This is an appeal against the Judgment of Hon. Justice I. A Umezulike delivered on the 13th day of June, 2005 at the High Court Enugu, Enugu State in suit No. E/106/91.

SYNOPSIS OF FACTS

The suit, the subject matter of this Appeal, was instituted by Writ of Summons filed on the 19th of March 1991 – page 1 of the Record of Appeal. In Paragraph 26 of the Amended Statement of Claim, the plaintiff (Respondent in the present appeal) claimed as follows against the defendants (Appellants in the present appeal). The following:

Wherefore the plaintiff claims follows:-

(1) A declaration that the purported sale of the property known as No. 1 Green Close Riverside Estate Abakpa Nike Enugu by the 1st defendant is unreasonable, unfair, unlawful, null and void and of no effect.

(2) A declaration that the 1st defendant cannot unilaterally increase the rate of interest beyond the amount fixed at the time loan was made

(3) An order of Court revoking the purported sale.

?(4) A declaration that the plaintiff is entitled to continue his possession at the said property to wit. No. 1 Green

1

Close Riverside Housing Estate Abakpa Nike, Enugu

(5) A perpetual Injunction to restrain the defendant jointly and severally from taking possession of the property known as and called No. 1 Green Close Riverside Housing Estate Abakpa Nike Enugu.

The Defendants (Appellants in the present appeal) had counterclaimed that the property in dispute, is the bona fide property of the purchaser and for special & general damages of N10,000.00 per month and N50,000.00 respectively.

The defendants have appealed the Judgment, wherein the trial Court found for the Respondent.