Nitel Trustees Limited v. Syndicated Investment Holdings Limited (2022)

LAWGLOBAL HUB Lead Judgment Report – SUPREME COURT

ADAMU JAURO, JSC (Delivering the leading judgment)

This appeal is against the judgment of the Court of Appeal, Lagos Division, delivered on the 23rd of May, 2014.

The court below in its judgment allowed the respondent’s appeal against the judgment of the High Court of Lagos State and awarded the sum of twenty million naira (N20,000,000) as general damages against the appellants and in favour of the respondent.

Brief statement of facts

By a writ of summons and statement of claim filed on 7th March, 2011, the respondent as plaintiff at the trial court sought for the following reliefs against the appellants as defendants:

1. “Specific performance of the contract to sell a property known as 44 Gerard Road, Ikoyi, Lagos.
2. A perpetual injunction restraining the defendants and each of them, whether by servants or agents or otherwise howsoever from parting or dealing with or disposing of the said property otherwise than to the Plaintiff.
3. Alternatively damages in lieu of specific performance and injunction.
4. Interest
5. Further or other relief.
6. Costs.”

The facts culminating into the instant appeal are that the Appellants advertised several properties for sale and extended invitation to members of the public to bid for those properties. One of the properties advertised for sale was No. 44, Gerrard Road, Ikoyi, Lagos. The conditions for the bidding of the property are as follows:

Condition of bidding

a. Bidding forms are obtainable free of charge at:

i. Office of the Liquidator, OA House, 4, Aduroju Street, Off Alfred Olaiya Street, Awuse Estate, Opebi, Ikeja, Lagos.

ii. Olusola Adekanola & Co, Abuja Office, 5A Suez Crescent, Wuse Zone 4 (Behind Sheraton Hotel & Towers), Abuja.

b. Bidding forms can also be downloaded from: www.nmspf.com Email: [email protected]

c. Payment of non-refundable bidding fee of ten thousand naira (N10,000) only in certified bank draft to NITEL/MTEL staff Pension Fund (In liquidation).

d. Each bidder should indicate on the left-hand corner of the envelope the property bidded for.

e. Completed bidding forms should be submitted along with the following: