Kasiobi Nwankudu V. Enock Ifezuo Ibeto (2010)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

HELEN MORONKEJI OGUNWUMIJU, J.C.A.(Delivering the Leading Judgment)

This is an appeal against the judgment of His Lordship Justice C. B. U. Wogu J. of the High Court of Abia State delivered on the 14th of April, 2003 granting the 1st set of reliefs contained in the statement of claim. Another appeal had been lodged given the No. CA/PH/81B/2005. The latter is an interlocutory appeal against the order for stay of execution pending the outcome of the substantive appeal. CA/PH/81B/2005 has been adjourned sine die since the substantive appeal has been taken.

The facts that led to this appeal are as follows:

The Plaintiff at the lower court now Respondents herein had sued the Defendant now Appellant by their amended statement of claim dated 23/6/2000 for the following reliefs:

(a) Specific Performance of the said contract of Agreement.

(b) N=100,000.00 (One hundred thousand Naira) being loss and general damages.

(c) An Order of injunction restraining the defendants, their agents, servants, successor-in-title and assigns from further dealing with the land, the subject matter of this action, by way of alienation or sale, pledge or mortgage until the final determination of this action.

IN THE ALTERNATIVE

(I) Repayment of the said part payment of N=1,200,000.00 (One Million, Two Hundred thousand Naira).

(II) N=1,000,000.00 (One Million Naira) being general damages for loss and breach of contract.

(III) An Order injunction restraining the Defendants, their agents, servants, successor-in-title and assigns from further dealing with the land, the subject matter of this action, by way of alienation or sale, pledge or mortgage until the final determination of this action.

Upon service of the Writ of Summons on the Defendants, the 1st and 3rd Defendants entered appearance and duly filed their joint statement of defence. See pages 49-55 Record. The 2nd Defendant never entered appearance and never filed any defence though duly served. Subsequently the 1st Defendant died.

The 1st and 3rd Defendants filed a joint defence and counter-claim. See pages 49-55 of the record.

Issues were joined and the case proceeded to trial. Both learned counsel in their briefs gave very divergent facts of what transpired during the course of the trial leading to judgment.