Chief D.S. Yaro Vs Arewa Construction Limited (In Receivership) & 2 Ors (2007)

LAWGLOBAL HUB Lead Judgment Report

M. CHUKWUMA-ENEH, J.S.C

The plaintiff in this matter by a Writ of Summons has claimed against the defendants as follows:”(a) A declaration that the agreement by the 1st defendant to sell to the plaintiff all its interest in that property known as Plots Nos. 157/ 159 Club Road, Kano, had been completed by 1984, and that the lst defendant could not unilaterally rescind the said agreement thereafter.(b)A declaration that the plaintiff is entitled to delivery over to him of all the documents of title to the property aforesaid including in particular the Certificate of Occupancy Nos.13819 and 6929 registered as. No. I40 at page 140 in volume 8 (Misc) at the Lands Registry in the Office at Kano at present in the custody of the 2nd defendant.

(c)N500,000.00 special and general damages for wrongful refusal to return the said documents of title to plaintiff.”

The 1st defendant counter-claimed from the plaintiff in its Statement of Defence and Counter-Claim as follows:

“i.An order for account by the plaintiff to the 1st defendant of all sums of money the plaintiff has been collecting and collected from tenants since May, 1985 till date.

ii.Payment of such monies to the 1st defendant forthwith.

iii.Mesne profit on the 1st apartment in the said house and premium by the plaintiff in respect of No. 157/159, Club Road, Kano till date.

iv.A sum of N2 million for the increased indebtedness on the loan and interest by the 1st defendant to the 2nd defendant as a result of the breach of promises made by the plaintiff in respect of the said property No. 157/l59, Club Road, Kano State.

v. N100,000.00 being damages special and general for the trespass committed and still continued to be committed by the plaintiff on 1st defendant’s property No. 157/159 Club Road, Kano State.”

Particulars of damages: Special Damages.

Cost of damages to the building N400,000.00

and premises of the 1st defendant

at No. 157/159 Club Road, Kano

State General damages …….. N100,000.00