Phillip Iba Yusuf V. Femi Olumeyan & Anor (2016)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

HABEEB ADEWALE OLUMUYIWA ABIRU, J.C.A. (Delivering the Leading Judgment)

This is an appeal against the judgment of the High Court of Kaduna State delivered on the 15th of February, 2010 in Suit No KDH/KAD/477/2001 by Honorable Justice Othman Abdul Kadir. The Appellant, as plaintiff, commenced the action in the Lower Court against the Respondents, as defendants, and his claims, by an amended statement of claim, were for:

i. A declaration that the first Respondent had sold through his Solicitor, the second Respondent, and the Appellant had bought, for a consideration of N150,000.00, the plot of land measuring 100ft by 100ft and lying, situate and being at Gonin-Gora along Abuia Expressway, Kaduna.

ii. In the premise of (i) above, an Order directing the first Respondent to forthwith execute the necessary instruments transferring title in the aforesaid plot of land to the Appellant.

iii. An order of perpetual injunction restraining the first Respondent, his agents, servants, heirs, whosoever and whomsoever otherwise from further trespassing, laying any adverse claim and for interfering with the Appellant’s continued peaceful

possession and enjoyment of the plot of land aforesaid.

iv. Damages in the sum of N500,000.00 for trespass against the first Respondent.

?The first Respondent filed an amended statement of defence and counterclaim in response and his claims by the counterclaim were for:

i. A declaration that the purported sale of his land at Gonin-Gora by the Appellant and the second Respondent was null and void and of no effect.

ii. An order of perpetual injunction restraining the Appellant and the second Respondent, their agents, servants, privies, heirs, whosoever and whomsoever, otherwise from claiming and for interfering with the first Respondent’s peaceful and quiet enjoyment of the plot of land aforesaid as decided in Suit No KDH/KAD/15/95.

iii. Damages in the sum of N10 Million against the Appellant and the second Respondent jointly and severally for trespass, transport costs of the first Respondent several times from Abuja to Kaduna in respect of this matter, loss of use of the land in dispute, for the period until the determination of this suit, pains and suffering for the illegal acts and ganging up of the Appellant and second Respondent

against the first Respondent in this matter for the matters aforesaid.

?The case of the Appellant on the pleadings was that he initially purchased the land in dispute in June 1993 from one Solomon Garuba and that his purchase led to a dispute between him and the first Respondent over the ownership of the land and the matter was eventually taken to Court in Suit No KDH/KAD/115/95. It was his case that the second Respondent acted as Counsel for the first Respondent in the case and judgment was entered in favour of the first Respondent and consequent on which he surrendered possession of the land to the first Respondent and the first Respondent placed a notice on the land asserting ownership thereof and directing all enquiries on the land to the second Respondent.

It was his case that the first Respondent subsequently indicated to him, through one Bariyakat A. Haruna, a desire to sell the land and directed him to the second Respondent who was mandated to handle the sale and that he relied on the representation and approached the second Respondent and, after negotiations, he paid the agreed purchased price in the sum of N150,000.00 to the second Respondent on