United Bank for Africa Plc. V. Alhaji Ibrahim Mustapha (2003)

LawGlobal-Hub Lead Judgment Report

IFEYINWA CECILIA NZEAKO, J.C.A.

On the 27th of February, 1998, Bdliya, J. sitting at the High Court of justice, Borno State of Nigeria had delivered judgment in an action for specific performance of a contract of auction sale in favour of the plaintiff in the court below. He also awarded the alternative claim, being of the purchase price, damages and interest. The defendants have appealed to this court on 3 grounds. They are the appellants herein and the plaintiff is the respondent.

Parties to the appeal exchanged briefs of argument. The appellants’ brief was filed on 23/10/2000. The respondent, having obtained leave of this court on 7/2/2001 to file his brief of argument out of time, and within 7 days from that date, did file the same on 8/2/2001.

At the hearing of the appeal, learned counsel for the appellants adopted their brief of argument and urged the court to allow the appeal. The respondent was not represented however, and this court deemed him to have argued the appeal relying on his brief of argument.

A  brief statement of the facts of this matter will be helpful at this stage.

The claim at the court below filed by the respondent as appears in paragraph 21 of the statement of claim is as follows:-

(a) Specific performance of the sale by the public auction, by delivery to the plaintiff all documents of title to the said property and preparing a deed of assignment and taking such other steps necessary to perfect the plaintiff’s title to the property.

(b) In the alternative the plaintiff claims

(i) Refund of the purchase price = N35,000.00

(ii) 27% interest from the date of payment of the purchase price.

(iii) Refund of amount expended to repair the property = N60,000.00

(iv) 27% interest on the amount of repairs.

The appellants had filed a defence denying the claim together with a counter-claim. The counter-claim reads as follows:-

“9. The defendants counter-claim from the plaintiff, the sum of N150,000 for wrongful use or abuse of legal process against the defendants.”