Mubeco Petroleum Company Ltd v. First Bank Of Nigeria Plc & Ors (2023)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

MUSLIM SULE HASSAN, JCA (Delivering the leading judgment)

This is an appeal against the decision of the Kaduna State High Court sitting at Kaduna delivered by Hon. Justice Gideon Issa Kurada in suit No. KDH/KAH/842/2013, on the 21st day of February, 2017, wherein the trial court dismissed all the reliefs sought by the appellant who was also the plaintiff at the trial court.

The appellant was the plaintiff, while the respondents were the defendants at the trial court. The appellant being aggrieved with the decision of the trial court had appealed against same to this court vide his notice of appeal dated 6th day of March, 2017, and filed on the 21st of March, 2017. The notice of appeal which challenged the decision of the trial court on six grounds is found at pages 913 919 of the record.

The record of appeal was compiled and transmitted to this court on the 21st of May, 2018, but deemed properly transmitted on the 3rd of July, 2018. The appellants brief dated the 14th of February, 2022, was filed on the same date, but deemed properly filed and served on the 15th day of June, 2023. The 1st and 2nd respondents brief of argument dated the 4th of March, 2019, was filed on the 5th of March, 2019, but deemed properly filed and served on the 15th day of June, 2023.

The 3rd respondents brief of argument dated the 25th day of August, 2018, was filed on the 27th of August, 2018, but deemed properly filed and served on the 15th of June, 2023.

The appellant upon receipt of the 3rd respondents brief filed a reply brief on the 3rd of October, 2018, which was deemed properly filed and served on the 15th of June, 2023. The appellant did not file a reply to the 1st and 2nd respondents brief.

At the hearing of the appeal, counsel to both appellant and respondents adopted their respective briefs upon which this court reserved the appeal for judgment.

This appeal emanated from the decision of the Kaduna State High Court sitting at Kaduna hereinafter referred to as the trial court. The appellant who was plaintiff at the trial court commenced this suit by way of writ of summons and he claim the following reliefs:

i. A declaration that the purported sale of plaintiffs petrol station at Ahmadu Bello Way Kaduna by the 1st and 2nd defendants sometimes in May, 2008 during the pendency of suit No. KD/KAD/47/08 was wrongful, unlawful, illegal and tainted by fraud.

ii. An order invalidating and setting aside the purported sale of plaintiffs petrol station at Ahmadu Bello Way Kaduna by the 1st and 2nd defendants to the 3rd defendant.

iii. A declaration that the application for consent made by the 1st and 3rd defendants to the 4th and 5th defendants on the 18th of April, 2008 in respect of the purported sale and assignment of the plaintiffs petrol station at Ahmadu Bello way Kaduna by the 1st and 2nd defendants to the 3rd defendant during the pendency of suit No. KDH/KAD/ 447/08 was an affront to the sanctity and authority of the judiciary

iv. An order invalidating and setting aside the application for consent made by the 1st and 3rd defendants to the 5th defendant on the 18th day of April, 2008 during the pendency of suit No. KDH/KKAD/47/08.

v. A declaration that the Certificate of Occupancy No. KD23975 issued by the 4th and 5th defendants to the 3rd defendant and registered as No. KDR16 at page 16 in volume 153 of the Land Registry Office, Kaduna in respect of the plaintiffs Petrol Station at Ahmadu Bello Way, Kaduna also known as Plot C7, Mogadishu Layout Kaduna is invalid and same having been issued and registered in affront and confrontation to the sanctity of the judiciary.

vi. An order setting aside the issuance and registration of Certificate of Occupancy No. KD23975 issued by the 4th and 5th defendants to the 3rd defendant.