Gordon Tom Iwok & Ors. V. University Of Uyo & Anor (2010)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

NWALI SYLVESTER NGWUTA, J.C.A. (Delivering the Leading Judgment)

This Appeal is against the judgment of the Federal High Court, Uyo Judicial Division, Holden at Uyo, delivered on 5th October, 2009 by Chukwu, J. Appellants, herein were Plaintiffs and the Respondents defendants before the Court below.

Appellants approached the Court below by way of originating summons dated and filed on, 31/1/07, and presented the following questions for determination:

“1. Whether in consideration of the entire circumstances of the matters enveloping the staff housing units at Ewat Housing Estate, Uyo between 1991 and 2007 as these relate to the SOS petitions / Appeals by the Staff occupants (the Plaintiffs) to the University of Uyo (1st Defendant) on one hand, and by the said Plaintiffs to the then Governors of Akwa Ibom State and the Property Development Authority now APICO (2nd Defendant) on the other hand, the meetings held, the transactions, negotiations letters, and developments that followed thereafter between the said parties whether there was no indices and/or implication of fiduciary Trust Relationship between the 1st Defendant and the Plaintiffs and whether the 1st Defendant was not acting as a trustee on behalf of the Plaintiffs.

2. Whether in consideration of the letter of reply with Reference Nos PDA/E.S.41/S.77 dated 17th December 1992 and given by the Akwa Ibom State property Development Authority (2nd Defendant) to the Uni Uyo Academic Staff Union of Universities (ASUU) Upon enquires by the organization concerning the purchase of the said Staff Housing Units at Ewet Housing-Uyo by the 1st Defendant- There is no indication and/or implication of fiduciary Trust Relationships between the 1st Defendant and the Plaintiffs and whether the 1st Defendant, by making the said purchase, was not doing so in the interest of the Plaintiffs, as a Trustee on behalf of the Plaintiffs.
3. Whether a Trustee who purchased property on behalf of his beneficiary /subjects does not owe the said beneficiaries/subjects a duty to formally handover the said purchased property to the said beneficiaries/subjects and to render account and refund excess monetary deductions from the beneficiaries/subjects’ salaries if it had indeed been making such monthly deductions on the property purchased on behalf of his subjects.
4. Whether in view of the decision of Akwa Ibom State Government/APICO as communicated to

Uni Uyo. The 1st Defendant on 16th December, 1994 with Reference No.PDA/ES.41S.77/Vol.11/267 giving the 1st Defendant 14 days to declare its stand on the said housing units it paid for on behalf of the Plaintiffs to wit: – That either the 1st Defendant would rather agree to pay a higher market value and own the said housing units or hand them over to the Plaintiffs at the Law Government subsidized prices as Government had acceded to the Plaintiffs outcry, request and passionate appeal for Government’s/assistance to enable the Plaintiff own the said houses, and of which the 1st Defendant failed, refused and /or neglected to comply with the said housing units did not belong to the Plaintiffs with effect from 31st December 1994 being the day after the expiration of the said 14 days given to the 1st Defendant, particularly as the 1st Defendant had been making deductions on housing from the Plaintiffs salaries.”

Based on the answers to the questions reproduced above, the Appellants sought the following reliefs:

“1. A declaration of this Honorable Court that in all matters concerning the Ewet Housing Estate, Uyo as occupied by the Plaintiffs vis-a vis the various communication between the Plaintiffs and the 1st Defendant on the one hand, and between the Plaintiffs and 2nd Defendant/Government on the second hand, the meetings, letters, dealings, negotiation and payments made by the 1st Defendant to the 2nd Defendant – all between the period of 1991 to 2007, there was and is a fiduciary Trust Relationship between the 1st Defendant and the Plaintiffs and the 1st Defendant acted as Trustee on behalf of the Plaintiffs.

2. An order of this Honorable Court directing the 1st Defendant to formally hand over the said housing units to the Plaintiffs who became owners from 31st December, 1994 after the 1st Defendant failed refused and /or neglected to act as per the decision of the 2nd Defendant and Government which was conveyed to the 1st Defendant in a letter with Ref. No PDA/ES.41/S.77/Vol.111/267 dated 16th December, 1994 as Government/2nd Defendant had originally intended that the 1st Defendant purchased the said houses at Government’s low subsidized rates on behalf of the Plaintiffs.
3. An order of this Honorable Court directing the 2nd defendant to issue certificates of ownership/ occupancy on the said housing units directly to the Plaintiff according to the Plaintiffs’ occupation of the said housing units as listed hereunder:

S/No. NAME HOUSE UNIT ACCOUNT SOLD

1.Mr. G. T. IWOK A3 N64,540.00

2.DR. U.D.AKPABIO A4 N64,540.00

3.DR. M. P. AKPAN A5 N64,540.00

4.MISS M. D. UDUAK A6 N64,540.00

5.MR. UWEM E. IKPAT A7 N64,540.00

6.MR. NWANAOKWU