CORAM

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Joseph Olubunmi Kayode Oyewole,Justice of the Court of Appeal

Peter Chudi, Justice of the Court of Appeal

Okon Efreti Abang, Justice of the Court of Appeal

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PARTIES

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NATURE ASSETS LIMITED

APPELLANTS 

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ASO SAVINGS AND LOANS PLC

RESPONDENTS 

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AREA(S) OF LAW

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LAND LAW, CONTRACT LAW, PROPERTY LAW, EVIDENCE, CIVIL PROCEDURE

 

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SUMMARY OF FACTS

The Appellant sued for declarations regarding a Deed of Assignment for property and sought to prevent eviction. The trial court partially granted reliefs, ordering Appellant to pay N200 million as purchase price within 30 days while restraining Respondent from eviction. The court also ordered N5 million costs against Appellant. Both parties appealed.

 

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HELD

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1. Main appeal dismissed except on costs

2. Cross-appeal allowed

3. Trial court judgment set aside

4. Respondent declared property owner

5. Appellant ordered to pay N250 million within 90 days or vacate property

6. Costs of N250,000 awarded to Respondent

 

 

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ISSUES

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1. Whether Deed of Assignment established parties’ intentions and effectively assigned property

2. Whether trial court erred ordering N200 million payment

3. Whether N5 million costs award was proper

4. Whether dismissal of certain reliefs was against evidence weight.

Cross-Appeal:

1. Whether trial court properly dismissed counter-claim while granting possession

2. Whether court granted relief not sought

 

 

 

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RATIONES DECIDENDI

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DEED INTERPRETATION – EXPRESS INTENTION

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“A desire to do something is different from the actual doing of the thing. I find that the Assignor though desirous to assign has not actually assigned.” – Per Joseph Olubunmi Kayode Oyewole, JCA

 

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CONSIDERATION – PROOF OF PAYMENT

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“The fact of payment and acknowledgement of receipt is also missing… This gives me the impression that the consideration has not been paid having not so stated in the said deed.” – Per Joseph Olubunmi Kayode Oyewole, JCA

 

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UNREGISTERED LAND INSTRUMENTS – EFFECT

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 “An unregistered registrable instrument remains ineffectual until it is registered without which it cannot be used to prove title to land.” – Per Joseph Olubunmi Kayode Oyewole, JCA

 

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BURDEN OF PROOF – DECLARATORY RELIEFS

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“The Appellant was in this action seeking declarative reliefs from the lower Court and therefore had the onus of leading credible evidence to establish its entitlement to the reliefs sought.” – Per Joseph Olubunmi Kayode Oyewole, JCA

 

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OFFER AND ACCEPTANCE – PROPERTY SALE

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“Having thus found that the Cross-Respondent did not pay for the property in question and that PW1 did not accept the offer made to her in respect of the said property before the said offer was withdrawn the radical implication was that the lower Court had thereby invalidated the sole pillar holding the entire structure.” – Per Joseph Olubunmi Kayode Oyewole, JCA

 

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COUNTERCLAIM – LEGAL STATUS

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“A counter-claim is a separate action.” – Per Joseph Olubunmi Kayode Oyewole, JCA

 

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EXECUTION OF DEED – REQUIREMENTS

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“In the body of the Deed, it is written signed sealed and delivered. But only signing has been done. There is no sealing and no delivery.” – Per Joseph Olubunmi Kayode Oyewole, JCA

 

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COSTS – AWARD PRINCIPLES

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“Where an award of costs was excessive or made without any real evaluation an appellate Court will justifiably interfere.” – Per Joseph Olubunmi Kayode Oyewole, JCA

 

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BURDEN OF PROOF – CIVIL CASES

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 “Civil cases are decided on preponderance of evidence with the adduced evidence placed on an imaginary scale which tilts in favour of the party with the more credible evidence.” – Per Joseph Olubunmi Kayode Oyewole, JCA

 

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UNAUTHORIZED OCCUPATION – TRESPASS

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“The occupation of the said property by the Cross-Respondent was not shown to have been authorized by the Cross-Appellant, the occupation thereof by the Cross-Respondent was consequentially a trespass.” – Per Joseph Olubunmi Kayode Oyewole, JCA

 

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PROOF OF PAYMENT – SPECIFICITY REQUIRED

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“Mere assertion that the sum of N200m has been paid to someone or organization is not enough to prove same.” – Per Joseph Olubunmi Kayode Oyewole, JCA

 

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ALTERNATIVE RELIEF – COURT’S DISCRETION

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“Having found that the Appellant failed to pay any amount of money for the said property and was in occupation thereof, the lower Court in its wisdom granted the alternative relief for payment for the said property instead of ordering the Appellant to vacate same.” – Per Joseph Olubunmi Kayode Oyewole, JCA

 

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DOCUMENTARY EVIDENCE – PRIMACY

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“Having thus departed from the validity of Exhibit 1 it is contradictory of the Appellant to seek validation thereof elsewhere.” – Per Joseph Olubunmi Kayode Oyewole, JCA

 

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CASES CITED

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STATUTES REFERRED TO

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 Companies and Allied Matters Act 2004 (as amended)

Constitution of the Federal Republic of Nigeria 1999 (as amended)

 

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