Ekondu Community Bank Nigeria Limited V. Pasun Global Concepts Limited & Ors (2016)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

JOSEPH OLUBUNMI KAYODE OYEWOLE, J.C.A. (Delivering the Leading Judgment)

This is in respect of an appeal against the judgment of the High Court of Cross River State, Calabar Judicial Division delivered on the 21st June, 2012 by Obojor Ogar J.

The 1st respondent had taken out a writ of summons against the appellant and the 2nd and 3rd respondents over ownership rights of a property situate and known as Plot 47 Asuquo Iban Amanso Ironbar Layout, Ikot Effa Parliamentary Road Extension Calabar Municipality. In the said action, it sought the following reliefs:

1. A declaration that the claimant is entitled to the statutory right of occupancy over the parcel of land and appurtenances thereto known as Plot 47 Asuquo Iban Amanso Iranbar Layout, Ikot Effa Parliamentary Road Extension Calabar Municipality.
2. A declaration that the agreement voluntarily entered into between the claimant and the 1st defendant dated the 4th day of November, 2005 duly submitted to the 3rd defendant for registration is valid, subsisting and binding on the parties.
3. A declaration that the purported mortgage, transfer or whatever transaction

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between the 1st and 2nd defendant over the property aforesaid after the 1st defendant had relinquished her title to the claimant is on illegality, fraudulent, null and void.

4. An order compelling the 3rd defendant to register and release to the claimant the agreement between the claimant and the 1st defendant in respect of the said property duly submitted to her for registration the necessary fees having been paid.
5. An order of injunction against the 1st and 2nd defendants either by themselves, agents assigns from interfering with or disturbing the claimant’s occupation of the property.
6. The sum of N10,000,000.00 (Ten Million Naira) being general damages for trespass, breach of the terms of the agreement aforesaid and the cost of the litigation.
7. IN THE ALTERNATIVE TO 1, 2, 4 and 5 ABOVE. An order directing the 1st defendant to refund the sum of N1,760,000.00 to the claimant, interest at the rate of 21st per annum till the date of judgment and thereafter at 10% until liquidation of judgment debt.

?On being served with the originating processes, the appellant initially filed a preliminary objection which was overruled upon

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which each of the defendants filed their separate defences while the appellant as 2nd defendant and the 3rd respondent as 3rd defendant counter-claimed. The counter-claim of the appellant/2nd defendant as contained in Paragraph 15 of its Statement of Defence and counter-claim on pages 45-47 of the record of appeal was as follows:

15. Wherefore the 2nd defendant has suffered damages and counter claim against the Claimant as follows:

(i) An order that the 2nd defendant has overriding interest against the Claimant in respect of the landed property situate at Plot 47 Asuquo Iban Amanso Ironbar Layout, off Parliamentary Road Extension, Calabar and registered as No. 87 at page 87 in volume 98 at the Lands Registry at Calabar used by the 1st Defendant to secure overdraft facility from the 2nd defendant.

(ii) An order of perpetual injunction restraining the Claimant, its agents, servants, workmen and assigns from interfering with the 2nd Defendant’s right over the property described and covered by the instrument registered as No. 87 at page 87 in volume 98 at the Lands Registry, Calabar.

(iii) Damages of N5,000,000.00 (Five Million Naira).<br< p=””

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(iv) N500,000.00 legal fees.