Alhaji Ibrahim Mohammed V. Klargester Nigeria Limited (2002)

LAWGLOBAL HUB Lead Judgment Report

O. OGWUEGBU, J.S.C. 

On 30th June, 1987, the plaintiff company instituted an action leading to this appeal in the High Court of Kaduna State, Kaduna Judicial Division claiming the following reliefs from the defendant:

(a) Specific performance of the said agreement;

(b) Possession;

(c) A declaration that the certificate of occupancy No. KDA/A/002763 affecting and concerning the piece of land at K.20, Chawai Road, Tudun Wada, Kaduna, vests valid title to the land on the plaintiff;

(d) A perpetual injunction restraining the defendant, his agents, heirs and servants from interfering on the property; and

(e) The sum of N50,000.00 (Fifty thousand naira) only as damages for the trespass committed on the said property.”

Pleadings were ordered, filed and exchanged and at the close of trial, the learned trial Chief Judge, (as he then was) entered judgment for the plaintiff as follows:

“1. Immediate possession of the house No. K.20 Chawai Road, Tudun Wada, Kaduna.

2. Specific performance of the contract of sale of the said house and
3. Injunction restraining the defendant, his agents, heirs or servants from in any way interfering with the said house.”

On appeal to the Court of Appeal by the defendant who was dissatisfied with the judgment of the learned trial Chief Judge, the court below affirmed the decision of the learned Chief Judge and dismissed the defendant’s appeal. He has further appealed to this court.The facts of the case are not complicated and can be gathered from the pleadings which are brief. The relevant paragraphs are as follows:

Amended Statement of Claim:

“3. On the 8th day of July, 1986 the defendant sold his house situate at No. K.20, Chawai Road, Tudun Wada, Kaduna to the plaintiff for the sum of N35,000.00 (Thirty five thousand Naira) only.

4. Pursuant to the said contract of sale, the plaintiff paid to the defendant the said sum of N35,000.00k as full purchase price for the house and the defendant issued to the plaintiff his official receipt of the purchase price. The plaintiff will at the hearing of the case tender and rely on the original copy of the said receipt.
5. The defendant in addition surrendered to the plaintiff all the relevant documents concerning the house including original of the certificate of occupancy No. 006782. The plaintiff will at the hearing of this case tender and rely on the copy of the said certificate of occupancy.
6. The plaintiff subsequently applied and obtained a transfer of the right of occupancy and a new certificate of occupancy, No. KDA/A/002763 dated 6th day of October, 1986 was issued to the plaintiff in its name by the Kaduna Local Government. The plaintiff will at the hearing of this case tender and rely on the original copy of the said certificate of occupancy.
7. In breach of the said agreement the defendant has since the transaction refused to vacate and deliver possession of the house to the plaintiff and is still trespassing thereon.
8. WHEREOF the plaintiff claims against the defendant the following:

a. Possession of the said piece of land;

b. A declaration that the certificate of occupancy No. KDA/A/002763 affecting and concerning the piece of land at K.20 Chawai Road, Tudun Wada, Kaduna, vests valid title to the land on the plaintiff;