Hajiya Hadiza Dahiru Mustapha v. Senator Rufa’i Hanga & Ors (2023)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

ITA GEORGE MBABA, JCA (Delivering the leading judgment)

This appeal is against the judgment of Kano State High Court in suit No. K/440/2012, delivered on 13th May, 2016, by Hon. Justice A.T. Badamasi, wherein all the reliefs sought by the appellant were granted, as per the amended statement of claim.

At the lower court, the respondent herein, as plaintiff, sought the following relief:

(1) A declaration that the plaintiff, having made substantial part payment of N40,000,000 out of N50,000,000.00 leaving the balance of N10,000,000.00 which has been and is ready and willing to pay, but for the frustrating conduct of the 1st defendant, is the rightful owner of the portion of sub-division of the No. 20 Sokoto Road Nasarawa GRA, Kano.

(2) A declaration that the refusal by the 1st defendant to accept the agreed balance of N10,000,000.00 from the plaintiff and thereby execute a deed of assignment in the plaintiffs favour, is a breach or frustration of the oral conduct of sale.

(3) An order of specific performance of the contract of sale directing the 1st defendant to collect the balance of N10,000,000.00 from the plaintiff and consequently, execute a deed of assignment transferring ownership of the sub-divided portion of land known as No. 20 Sokoto Road Nasarawa GRA, Kano to the plaintiff.

(4) An order directing the defendants to surrender all the title documents and vacant possession of the sub-divided portion of land to the plaintiff.

(5) An order of perpetual injunction, restraining the defendants, jointly and severally, by themselves, their servants, their agents, their privies, their representatives or by whosoever or howsoever name they are called/described from selling, alienating or transferring/assigning title in and over the portion of land bought by the plaintiff from the 1st defendant to any person(s).

(6) N5m general damages for the breach and frustration of the contract of sale.

(7) Cost of this action. (See pages 768 – 769 of the records of appeal).

The 1st defendant (now appellant) had filed amended statement of defence to defend the suit and raised a counter-claim. After hearing the parties and witnesses, and considering the evidence and addresses of counsel, the trial court entered judgment for plaintiff (now 1st respondent) and granted the reliefs as follows:

“(1) A declaration is hereby made that the plaintiff, having made substantial part payment of the sum of N40m out of the sum of N50m, is the rightful and lawful owner of the portion of sub-division of No. 20 Sokoto Road, Nasarawa GRA, Kano.

(2) An order of specific performance of the contract of sale is hereby made directing the 1st defendant to collect the balance of N10m from the plaintiff and seal the sale transaction.

(3) An order is hereby made directing the 1st defendant to surrender title document in respect of the portion of land the (sic) issued to the plaintiff after sealing the contract of sale.