CORAM

REGINA OBIAGELI NWODO ——————————————————————————

MOORE A.A. ADUMEIN     JUSTICE, COURT OF APPEAL

PARTIES

1. COL. M. DIXON DIKIO (RTD)2. MRS. H. A. UMAR3. MR. MIKE IKENNA IBEH4. ALH. SIKIRU USMAN5. HON. TONY IBANA – ABASI ESU6. DR. MRS AMINA SAMBO7. MR. ERHABOR EMOKPAE8. MRS. TOBERU K. LAWAL DADA9. ALH. NUHU ABUBAKAR10. MRS C. ADELEKAN11. ENGINEER AZU AZUIKE12. HON. ABDULLAHI B. MOHAMMED13. EMEKA ODUMEGWU OJUKWU14. ALH. AUDIE MOHAMMED. APPELLANTS

1. NIGERIAN SOCIAL INSURANCE TRUST FUND MANAGEMENT BOARD2. TRUST FUND PENSION PLC3..   PROFUND PROPERTIES LTD RESPONDENTS

AREA(S) OF LAW

SUMMARY OF FACTS

 The Plaintiffs/Appellants who were tenants of the 1stand 2nd Defendants/ Respondent received from the 1st Defendant/Respondent an offer letter inviting then to indicate interest in purchasing the property which they occupied as tenant. In the letter the conditions for consideration of the Plaintiffs/Appellants interest to purchase the properties was expressly stated which included no record of default as regards rent, service charge and other bills. The terms of offer stipulated the mode of acceptance which is to be by an initial installment of 20% of the offer price which was later reviewed downwards to 10% of the offer price. Upon failure of the Plaintiffs/Appellants to pay the initial installment as stated in the letter of offer, the 1st Defendant/Respondent sold the properties to other interested parties which prompted the Plaintiffs/Appellants to institute an action against the Defendants/Respondents at the High Court of the Federal Capital Territory, Abuja, wherein they sought a declaration that the 1st and 2nd Defendants/Respondents being a public body are legally bound to transfer title to the Plaintiffs/Appellants on the basis of the Letter of Expression of interest and letter of offer by the 1st Defendant/Respondent and the Plaintiffs’ Acceptance Forms, a declaration that the Plaintiffs/Appellants are entitled to be given the right to purchase the properties they currently occupy in furtherance of their occupancy status as tenants of the 1st and 2nd Defendants/Respondents among others.  At the end of the hearing, the Plaintiffs/Appellants suit was dismissed. Aggrieved by the decision of the trial Court, the Appellants have appealed to the Court of Appeal.

HELD

Appeal Dismissed.

ISSUES

?    Whether the trial court was right when it held that there was no valid or subsisting contract between the Appellants and the 1st Respondent when the case presented before it by the Appellants revolves round the breach of the right of First refusal extended to them by the 1st and 2nd  Respondents”?    Whether the learned trial Judge properly evaluated the evidence placed before him before arriving at the conclusion that the Appellants did not contest and thus admitted the Respondents’ assertion that the transaction between the parties was based on contract for which the Appellants did not furnish any consideration”?    Whether the learned trial Judge was right when he held that the 1st Respondents letters of Expression of interest written to the Appellants and which were duly accepted by the Appellants were mere invitation to treat and therefore did not qualify as offers capable of becoming binding upon acceptance”

RATIONES DECIDENDI

CASES CITED

STATUTES REFERRED TO

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