Rivers State Housing And Property Dev. Authority & Anor V. Dr. Felix Owakah (2010)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

ISTIFANUS THOMAS, J.C.A. (Delivering the Leading Judgment)

This is an appeal against the judgment of the Port Harcourt High Court delivered on 28th July, 2006 by Obie Daniel Kalio (J). The appellants were the defendant while the present respondent was the plaintiff at the lower court.

At the lower court, by the second amended statement of claim, the respondent claimed as follows:-

“(a) A declaration that the sale of the property in dispute to 2nd defendant was null and void

(b) An order of specific performance of clause 2 (v) of the sales agreement against the defendant to cause her to procure a certificate of occupancy of (C of O) over the property in dispute in favour of the plaintiff.

ALTERNATIVELY

The sum of N1 Million as special and general damages as follows:

(a) Deposit – N36, 800.00

Interest at 5% per annum from 20-12-1988 until judgment.

GENERAL DAMAGES

N963,200.00

Total = N1, 000.000.00”

After service of the writ of summons, the defendants now appellants filed their separate statement of defence, but the 2nd appellant filed a counter claim as follows at page 70 of the record:-

“(a) A declaration that the 2nd defendant is the lawful owner and as such entitled to the statutory right of occupancy in and over the parcel of land with building situate at No. 38 Elechi Street Mile 3 Diobu Port Harcourt.