Confitrust Nigeria Limited V. Emmax Motors LTD & Ors (2016)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

BIOBELE ABRAHAM GEORGEWILL, J.C.A. (Delivering the Leading Judgment)

This is an Appeal against the judgment of the Federal High Court, Lagos, Coram: Okechukwa J. Okeke, J. in suit No. FHC/L/CS/239/2009; Confitrust Nigeria Limited V. Emmax Motors Limited & Ors delivered on 14/12/2009, in which the claims of the Appellant as Claimant against the Respondents as Defendants were dismissed.

The Appellant who was pissed with the said judgment had promptly appealed to this Court vide its original Notice of Appeal filed on 3/3/2010 on 4 grounds of appeal at Pages 429 – 433 of the Record of Appeal. The Record of Appeal was transmitted to this Court on 25/3/2010. The Amended Notice of Appeal was filed on 15/6/2011 on 4 grounds of appeal. The Appellant’s brief was filed on 27/2/2013. The 1st, 2nd and 8th Respondents’ brief was filed on 4/3/2013. The 5th, 6th and 7th Respondents’ brief was filed on 30/3/2011 but deemed properly filed on 16/1/2013. The Appellant’s Reply brief to 1st, 2nd and 8th Respondents’ brief was filed on 5/3/2013.14/5/2015. The Appellant’s Reply brief to 5th, 6th and 7th Respondents’ brief was filed on 21/5/2013 but deemed

1

properly filed on 22/5/2013.

At the hearing of this appeal on 8/11/2016, Chief Robert Clarke SAN with I. B. Muhammed Esq., and Omoniyi Onabale Esq., for the Appellant adopted the Appellant’s brief, Appellant’s Reply brief to 1st, 2nd and 8th Respondents’ brief and the Appellant’s Reply brief to 5th, 6th and 7th Respondents’ brief as their arguments in support of the appeal and urged the Court to allow the appeal. On their part, Dr. Joseph Nwobike SAN with Mrs. Zainab Anwaioye, Kunle Gbolahan Esq., and Folajimi Ayodeji Esq., for the 1st, 2nd and 8th Respondents’ adopted their Respondents’ brief as their argument in opposition to the appeal and urged the Court to dismiss the appeal. On their part, Sheni Ibiwoye SAN with A. Kenechi – Ejidike Esq., and, Miss Miracle Akusobi Esq., for the 5th, 6th and 7th Respondents adopted their Respondents’ brief as their arguments in opposition to the appeal and urged the Court to dismiss the Appeal.

By a Writ of Summons filed on 3/3/2009, subsequently amended on 24/3/2009, the Appellant as Claimant commenced an action against the 1st – 7th Respondent, to which the 8th Respondent was

2

subsequently joined on her application by order of Court made on 13/7/2009 at pages 246 – 248 of the Record of Appeal, claiming inter alia the followings reliefs, namely:

(a) A Declaration that the plaintiff by virtue of the Certificate of Occupancy registered as 44/44/118 dated 15-11-2006 of the Federal Land Registry, Ikoyi, Lagos is the beneficial owner of the property known as No 37A Remi Fani Kayode Street, Ikeja, Lagos.

(b) A Declaration that the 5th, 6th and 7th defendants cannot alter the Certificate of Occupancy registered as 44/44/118 dated 15/11/2006 in respect of 37A Remi Fani-Kayode Street, Lagos against the plaintiff to favour the 1st to 4th defendants or any person or party whatsoever.

(c) A Declaration that the decision of the Hon. Minister of Housing and Urban Development as conveyed in the aforesaid Certificate of Occupancy registered as 44/44/118 dated 15-11/2006 on 37A Remi Fani-Kayode Street, Ikeja, Lagos in favour of the plaintiff is total, final and conclusive.

(d) An Order to restrain the office of the 6th and 7th defendants from doing anything contrary to the decision of the Hon. Minister for Housing

3