Usman Dantata Jnr. V. Mouktar Mohammed & Anor (2011)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

HELEN MORONKEJI OGUNWUMIJU, J.C.A. (Delivering the Leading Judgment)

This is an appeal against the judgment of the Lagos State High Court delivered by the Honourable Justice E. O. Williams-Dawodu on 21st February 2006 wherein the High Court granted some of the reliefs prayed for by the Claimant and possession of the property in dispute.

This case has had a chequered history. To appreciate some of the issues for determination, I must relate some of the background. On the 28th of November, 1980, the 1st Respondent and the Appellant entered into an agreement in which the 1st Respondent was to transfer his title and ownership of a piece of land at Ikoyi to the Appellant and the Appellant was to transfer ownership of a piece of land situate at Sharada Industrial Estate, Kano to the 1st Respondent. Each party was to pay the sum of N50,000.00 (Fifty Thousand Naira) only to the other.

The 1st Respondent put the Appellant in possession of the property at Ikoyi i.e Plot C, Turnbull now 1, Jabita Close Ikoyi, Lagos and also helped the Appellant obtain a loan from the Bank via his title document and his authorization but the Appellant had not been put by the 1st Respondent in possession of the land at Sharada Industrial Estate, Kano. Twelve years later, the 1st Respondent filed an action against the Appellant and his assignee the 2nd Respondent in this appeal.

This action concerning three friends was instituted on 27th April, 1992 by the 1st Respondent. The 1st Respondent filed a 21 Paragraph Statement of Claim on 26th November 1992 which is on Pages 9 to 14 of the records claiming five reliefs.

The Appellant filed a Statement of Defence at Pages 22-23 of the records while the 2nd Respondent filed a Statement of Defence and Counterclaim at Pages 36 to 39 of the records. Upon the conclusion of pleadings, the Appellant filed an application to dismiss the action on the basis that the Statement of Claim disclosed no reasonable cause of action, among other grounds. The learned Trial Judge, Akinsanya J., before whom the matter was initially listed agreed with the 1st Defendant/Appellant and dismissed the entire action.

Upon Appeal, the Court of Appeal found that only reliefs (a) and (b) disclosed reasonable cause of action but agreed with Akinsanya J. that all other reliefs (c), (d) and (e) be dismissed. On further Appeal, the Supreme Court on 5th May, 2000 (upon consideration of the facts pleaded in the Statement of Claim alone, as it then was and as it is usual in the nature of the application before the Court) held that all the reliefs (a) to (e) in the Statement of Claim disclose reasonable cause of action and directed accelerated trial at the High Court. The case started de novo and parties amended pleadings.

In a 22 Paragraph Amended Statement of Claim filed on 9th November 2001, the 1st Respondent claimed the following reliefs:

a) A declaration that the Plaintiff is the person entitled to the Certificate of Occupancy dated the 26th of September, 1979 registered as No. 24 at Page 24 in Volume 1875 of the Register of Deeds kept in the Lagos State Lands Registry.

b) A declaration that the Plaintiff is the person entitled to all that premises known as Plot C, Turnbull Road (now 1, Jabita Close), Ikoyi, Lagos

c) A declaration that the contract between the Plaintiff and the 1st Defendant entered into on the 28th day of November, 1980 was no longer binding by reason of serious breach by the 1st Defendant and fraudulent misrepresentation.

d) An order rescinding the contract between the Plaintiff and the 1st Defendant entered into on the 28th day of November, 1980 on the ground of fraudulent misrepresentation and breach of contract.

e) Possession of the said premises.

f) N500,000,000 (Five Hundred Million Naira) as general damage for breach of contract.