Chief Godwin Ukah & Ors V. Chief Christopher A. Onyia & Ors (2016)

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 Hon. Justice B. C. Nosike of the High Court of Enugu State delivered on 24/12/2007 wherein His Lordship gave judgment in favour of the 2nd Respondent against the Appellants for 5% of N 3.5m with interest at the rate of 3% per annum from 24/12/2007 till liquidation of the judgment debt. The facts that led to this appeal are as follows:

The Appellants were the 1st and 2nd Defendants at the trial Court. The 1st Respondent was the 3rd Defendant while the 2nd Respondent was the Plaintiff at the trial Court. The 2nd Respondent is a lawyer who also engages in buying and selling landed property for commission. The 1st Appellant is the Managing Director of the 2nd Appellant.

In October 2000, one Mr Uchenna Anthony Onaga, a resident of the United States instructed the 2nd Respondent to search for a house for him to buy. The 2nd Respondent went in search of a house for sale and met the 1st Respondent in the course of his search. The 1st Respondent informed the 2nd Respondent that the Appellants had a building to sell at plot 4 otherwise known as No.5 Ogugua

1 Street, Mainland Emene. The 1st Respondent then took the 2nd Respondent to a meeting with the 1st Appellant. The 1st Appellant informed the 1st Respondent that he wanted to sell the property for N3.5m and he was willing to pay 5% commission.

?On 16/10/2000, the 1st Respondent gave a photocopy of the deed of assignment belonging to the 2nd Appellant to the 2nd Respondent and told the 2nd Respondent that the 1st Appellant was allegedly prepared to give a 5% commission to whoever secured a buyer for the property. The 2nd Respondent called Mr Anthony Uchenna Onaga who was not interested in the property. The 2nd Respondent went to the property on 19/10/2000 and met one Mr Emmanuel Umahi who lived and operated a restaurant on the premises.

The 2nd Respondent told him to find an alternative residence since the property was on the market. On 22/10/2000 Mr Emmanuel Umahi informed the 2nd Respondent that he had a prospective buyer who was his relative, one Mr. John Ibe. Thereafter, the 2nd Respondent told him the conditions of sale of the property and obtained N500 (five hundred Naira) to conduct a search at the Lands Registry. The 2nd Respondent thereafter conducted a

2 search on the property at the Lands Registry and gave the result of the search to Mr John Ibe.

On 23/10/2000, the 2nd Respondent told the 1st Respondent of the development, prepared a deed of assignment for the property and went to the office of the Appellants with the 1st Respondent to hand over the deed and receive payment. The 1st Respondent later informed the 2nd Respondent that the Appellants refused to collect the deed of assignment from him and had sold the property to Mr. John Ibe. The 2nd Respondent got to know that one month’s notice to quit had been issued to Emmanuel Umahi, a tenant on the property by Mr. John Ibe.

The 2nd Respondent claimed he never got any remuneration for finding a buyer for the property even though he insisted that the sale was based on the search he had conducted at the Lands Registry. After writing severally to the Appellants for the 5% commission, to no avail, the 2nd Respondent instituted an action at the Enugu State High Court on 12/12/2000 and in the amended statement of claim asked for the following:

1. The sum equivalent to 5% of N3.5 Million being commission due to the plaintiff for the sale of their property at their

3 request (plot 4) No. 5 Ogugua Street Mainland Emene to Mr. John Ibeh.

2. The sum N100,000 being cost of phone call and transportation the plaintiff incurred in looking for willing and capable buyers.
3. General damages N75,000 (Seventy Five Thousand Naira) only.
4. An interest rate on judgment figure of 22% of the prevailing bank rate.

The learned trial judge in a considered judgment ordered the Appellants to pay the sum equivalent to 5% of N3.5m with interest at 3% per annum and dismissed all other claims.

Dissatisfied with the decision of the Trial Court on 24/12/07, the Appellants filed a Notice of Appeal on 2/1/2008 containing a ground of appeal and transmitted records on 15/7/08. Records were deemed compiled on 11/4/11. An amended Notice of Appeal with four additional grounds of appeal was filed on 8/10/10, deemed filed on 11/4/11. Appellants’ brief was filed on 12/5/14, Appellant’s reply brief was filed on 17/4/15. The 2nd Respondent’s brief was filed on 6/6/14. The 1st Respondent did not file any brief.

In the Appellants’ brief settled by Esom M. Casmir Esq., four issues were identified for determination as follows: