Dr. I.O.C. Abara V. Nwaeze Igbo (Alias Prince Okwor) (2013)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

ISAIAH OLUFEMI AKEJU, J.C.A.: (Delivering the Leading Judgment)

This appeal is against the judgment of the High Court of Ebonyi State holden at Abakaliki delivered on 26/11/03 in Suit No. HAB/26/96 which was commenced by the appellant through the Writ of summons filed on 21/3/96. The Statement of Claim filed on 30/4/97 was amended and by paragraph 25 of the Amended Statement of claim filed on 24/5/2000, the plaintiff had claimed as follows:-

(a) A declaration that the defendant had by the state/stage of the transaction in relation to Plot R.4 (the land in dispute) passed the equitable interest therein to the plaintiff.

(b) A decree of specific performance directing the defendant to procure the survey plan of the land in dispute and to complete and hand over to the plaintiff all vital documents relating to the land the subject – matter of this suit

(c) A decree of specific performance directing the defendant to follow up the documents relating to the subject matter of this suit from the lands office in Enugu or Abakaliki (as the case may now be) and to hand same over to the plaintiff, in due specific performance of the contract.

(d) An order compelling the defendant to receive or collect from the plaintiff the sum of N75,000.00 being the balance due to him, on the contract or transaction.

(e) The sum of N25,000.00 being plaintiffs expenses in producing or prepairing a plan of the land, which plan the defendant caused to be with held from the plaintiff by the Land’s Office in Enugu.

(f) An injunction restraining the defendant either in person or through his agents, servants or privies from dealing with the land in dispute the subject – matter of this suit in any manner whatsoever except transferring his said equitable interest to the plaintiff.

The Amended Claim filed on 24/5/2000 was further amended to include a claim for the sum of N10 million as damages for breach of contract.

Following the order of court granting the defendant’s (respondent’s) application filed on 18/6/2000 for amendment of statement of defence, the respondent denied the claim of the appellant and sought the following by way of counterclaim:

(a) N50,000.00 (fifty thousand naira) being general damages for breach of contract.

(b) Setting aside the purported undated agreements signed in Barrister K.B. Okpaleke’s house which agreement was collected by the plaintiff and did not deliver any to the defendant.

(c) An Order that the plaintiffs claim be dismissed in its entirety for frauds.

The particulars of fraud were given as follows: