Chief Peter Maduka Okoronkwo V. Lawdee International (Nig.) Ltd & Ors (2012)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

MOJEED ADEKUNLE OWOADE, J.C.A.: (Delivering the Leading Judgment)

This is an appeal from the judgment of Hon. Justice L. Abai sitting at Aba, in the Aba Judicial Division of the High Court of Abia State in consolidated Suits Nos. A/88/2002 and A/102/2002 delivered on 4th May 2006.

In suit No. A/88/02, the Appellant as plaintiff claimed against the Respondents in summary for a declaration that the storey building situate and being at No. 7 Okpara Lane Off No. 109 Port Harcourt Road Aba and covered by Certificate of Occupancy No. LABA: 1874A at 26/26/247 of the Lands Registry Umuahia is the bona fide property of the plaintiff. He also claimed the rescission of the purported Power of Attorneys executed first to the 2nd Respondent and later to the 3rd Respondent on the ground that the sale Agreement and the Power of Attorney which he (Appellant) purportedly executed to the 2nd Respondent was a product of undue influence and misrepresentation.

In suit No. A/102/2002, the 3rd Respondent as plaintiff claimed against the Appellant for possession, arrears of rent and mesne profit on the same said property at 7 Okpara Lane Port-Harcourt Road Aba.

The two Suits were consolidated and tried together by the court below. The claims of the Appellant against the Respondents in greater detail could be found at paragraph 63 of the statement of claim as follows:

“a. A declaration of the honourable court that the storey building situate and being at No 7 Okpara Lane off No. 109 Port Harcourt Rd Aba and covered by certificate of occupancy No LABA: 1874A and registered as No 26 at page 26 in volume 247 of the lands registry formerly at Owerri but now Umuahia is the bona fide property and residential building of the plaintiff.

b. A declaration of the honourable court that the plaintiff did not sale (sic) assign, mortgage give an irrevocable power of attorney and or transfer to the 1st, 2nd and 3rd defendants or any one of them at all the plaintiff aforesaid residential building situate at No 7 Okpara Lane off 109 Port Harcourt Rd Aba.

c. A declaration of the Hon. court that the irrevocable power of attorney registered as No. 18 at page 18 in volume 541 lands registry Umuahia purportedly executed between the plaintiff and the 2nd defendant dated 1st April 1999 and another registered No 92 at page 92 in volume 551 of the lands registry Umuahia purportedly made between the 2nd defendant and the 3rd defendant dated 1st August 2001 are null, void ab initio and of no effect whatsoever as the said power of attorney were obtained dubiously through undue influence and or misrepresentation that the plaintiff was signing a document or documents that would ginger him to liquidate the entire debt owed, the 1st defendant by the plaintiff timeously.

d. A declaration of the honourable court that the plaintiff bought tafita (material for sewing bags) worth N10,060,035 less N294,598.50 rebate from the 1st defendant in a purely trading dealing and has paid the 1st defendant the sum of N8,957,922 leaving a balance of N1,500.000 unpaid. The said taffeta materials having no connection with the plaintiffs residential building aforesaid.

e. An order of court commanding the 2nd defendant to surrender unconditionally to the plaintiff, the plaintiff original statutory right of occupancy registered as No 26 at page 26 in volume 247 of the lands registry formerly at Owerri but now Umuahia and irrevocable power of attorney registered at No 2 at page 2 in volume 503 of the lands registry formerly at Owerri but now at Umuahia made between Nelson Ojingwa and the plaintiff. The plaintiff innocently and unsuspectingly gave the 2nd defendant the said documents to hold as a charge for unpaid debt of N1,500,000,00 which the plaintiff owed the 1st defendant.

f. An order of court commanding the 1st and 2nd defendant to return to the plaintiff the Citizens Bank of Nigeria Plc Umuahia Branch Cheque No 001744973 dated 28th August 2001 for the sum of N1,500,000 issued by the plaintiff for the liquidation of debt of N1,500,000 which the plaintiff owes the defendant. The plaintiff gave the aforesaid property documents to the 2nd defendant to hold as a charge when the 1st and 2nd defendants were pestering the plaintiff to pay them outstanding indebtedness owed the 1st defendant.

g. An order of court commanding the 2nd, 3rd and 5th defendants to produce before the honourable court for purposes of cancellation irrevocable powers of attorney registered as No 18 at page 18 volume 541 of the lands registry Umuahia purportedly made between the plaintiff and the 2nd defendant and the other second irrevocable power of attorney registered as No 92 at page 92 in volume 551 lands registry Umuahia purportedly made between the 2nd defendant and the 3rd defendant or any other illegal title document in the possession of the 2nd , 3rd and 5th defendants all involving the plaintiffs aforesaid property.

h. An order of court canceling irrevocable powers of attorney registered as No 18 at page 18 in volume 541 of the lands registry Umuahia and the other irrevocable power of attorney registered as No 92 at page 92 in volume 551 of the lands registry Umuahia in the illegal possession of the 2nd and 3rd defendants.

i. N20,000.00 aggravated damages on the principle of salatium for trespass and psychological trauma caused the plaintiff by 1st, 2nd, 3rd and 4th defendants through illegal incursion of plaintiff’s property situate at No 7 Okpara Lane off 109 Port Harcourt Rd Aba in that the 2nd and 4th defendants on 1st April 1999 dubiously executed a document through undue influence and or misrepresentation and urged plaintiff to sign purporting same to have been freely and knowingly executed by the plaintiff involving the plaintiffs aforesaid property for a paltry consideration of N100,000. The 2nd defendant later illegally on 1st August 2001 transferred to the 3rd defendant the aforesaid property was by 1995 worth N3.5m as shown in the valuation report prepared by Uma Uma & Company herein Pleaded.