George Okechukwu Enwezor V. Withech Industries Limited & Ors (2008)

LawGlobal-Hub Lead Judgment Report

MOHAMMED LADAN TSAMIYA, J.C.A.

This is an appeal against the ruling of Anambra State High Court sitting in Onitsha Judicial Division, delivered on 29/9/2005. Proceedings culminating in this appeal commenced with suit No. 0/623/2004 filed in Anambra State High Court (here in this judgment referred to as the trial Court) on 30/11/2004 whereby the plaintiff therein sought against the defendant, reliefs adumbrated in paragraph 18 of the statement of claim to the following effect:

“18. WHEREFORE the plaintiff claims as follows:

(a) A declaration that the purported Deed of Assignment executed between the 1st and 2nd defendants with respect to No.12 D Bright Street, Onitsha is null and void and of no effect.

(b) Possession of the said ground floor and 1st floor of No.12D Bright Street, Onitsha.

(c) An order Compelling the 3rd – 9th defendants and all the tenants in the premises to pay rent to the Plaintiff from 30th October 2004.

(d) N16 Million Naira damages from the 1st and 2nd defendants for breach of covenant.

In reaction to the above claim the 3rd – 9th defendants filed what they titled a Notice of Admission, stating therein that they have no answer to the statement of claim filed by the plaintiff. The 1st and 2nd defendants did not file a statement of defence yet. Before the hearing of the suit, the plaintiff, on 30/11/2004 filed a motion on notice for interlocutory injunction, formulated in the followings:

(1) An order of Court restraining the 1st defendant either by themselves, their agents, privies and assigns howsoever called from demanding rent or any type of gratification whatsoever from the 3rd-9th defendants and all the tenants of NO.12D Bright Street Onitsha pending the hearing and determination of this suit.

(2) For such further or other orders as this Honourable Court shall deem fit to make in the circumstance.

In support of the motion, the plaintiff swore to an affidavit of 18 paragraphs in line with the essential facts pleaded in the statement of claim. The more pertinent paragraphs of the supporting affidavit read as follows:

I, GEORGE OKOCHUKWU ENWEZOR, Christian and Nigerian Citizen of No. 12D Bright Street, Onitsha, do hereby make Oath and state as follows:

(4)That without our knowledge and consent and in a flagrant breach of both the specified and implied covenants the 2nd Defendant assigned her interest in the property to the 1st Defendant. (A copy of the Deed Executed by them is hereto annexed as Exhibit 2).

(5)That the said Deed made at the back of the plaintiff/Applicant does not state a commencement date and does not state the consideration all in the bid to hide the transaction from the plaintiff.