MR. Davidson Ogwudire V. Austen Obegwe & Anor (2014)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

ITA G. MBABA,J.C.A. (Delivering the Leading Judgment)

This is an appeal against the judgment of Imo State High Court in Suit No. HOW/276/1992 delivered on 23/11/2010 by Hon. Justice N. B. Ukoha, where the lower court awarded the 1st Respondent (the 1st Defendant at the trial) the property, registered as 13/13/212.

By a writ, of summons, filed on 25/8/1992, the Appellant, as claimant at the court below, sued the 1st Defendant (1st Respondent herein) for the following reliefs:

“(a) A declaration that the Power of Attorney registered as No. 66 at in page 66 Volume 500 in the Lands Registry, Owerri, is void by reason of fraud and should be set aside.

(b) An order for possession of land structures therein, situate at Ugwu Orji Owerri, within Jurisdiction, by the court.

(c) Order of Court for defendant to accept refund of four hundred and twenty five thousand naira paid by the defendant to the claimant, as part payment of the contract sum.

(d) Order of court for the defendant to account for the rents so far collected on the said property”

Appellant (as claimant) filed Amended Statement of Claim which was deemed filed on 21/6/1993, wherein he repeated the reliefs in the writ of summons with the following modifications:

(b) An order compelling the defendant to surrender the following properties to the Plaintiff namely:

(i) 3 (three) buildings

(ii) 3 (three) room store verged violet in the Plaintiff’s plan.

(ii) 1 (one) uncompleted twin duplex verged yellow in the plaintiff survey plan (sic).

(c) Order of court for defendant to account for the rent so far collected in respect of the property now in dispute.

(d) Order of the court for the defendant to accept the refund of the sum of N42,000 (Four hundred and twenty five thousand naira) paid by the Defendant to the plaintiff as part payment of the contract sum.”