May 19, 2025
Legalpedia Citation: (2011-04) Legalpedia (SC) 07051 In the Supreme Court of Nigeria Fri Apr 15, 2011 Suit Number: SC. 108/2006 CORAM VIVOUR JUSTICE, SUPREME COURT PARTIES ANTHONY […]
CORAM
VIVOUR JUSTICE, SUPREME COURT
PARTIES
ANTHONY IBEKWE APPELLANTS
OLIVER NWOSU
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The respondent sued the appellant for trespass, damages and injunction. The appellant counter-claimed for specific performance. The reliefs claimed by the respondent were granted while the appellant’s counter-claim was dismissed. The appellant’s appeal to the court of appeal was dismissed, hence this further appeal to this court.
HELD
Dismissing the appeal
ISSUES
1. Whether the Court of Appeal was correct in holding that there was no basis in law or equity for the appellant to claim that his interests in Exhibit B (Otumoye Creek Road Plot) got automatically transferred to the newly allocated land Exhibit’A’ – R/81 Niger Bridge Head, Onitsha?
2. Whether the Court of Appeal was right in holding that the appellant’s interest died with the revocation of Exhibit B and therefore the appellant had no right to counter-claim for Exhibit A to be assigned to him by way of specific performance.?
RATIONES DECIDENDI
DEFINITION OF CONSTRUCTIVE TRUST
A constructive trust is an equitable remedy that a court imposes against one who has obtained property by wrong doing. It is imposed to prevent unjust enrichment and creates no fiduciary relationship. It is also termed implied trust, involuntary trust, trust ex delicto; trust ex maleficio, reluedial trust, trust in invitum; trust de son tort. Per Fabiyi JSC
DEFINITION OF CONSTRUCTIVE TRUST
A constructive trust is the formula through which the conscience of equity finds expression. When property has been acquired in such circumstances that the holder of the legal title may not in good conscience retain the beneficial interest, equity converts him into a trustee. Per Fabiyi JSC
MEANING OF SPECIFIC PERFORMANCE
Specific performance is the remedy of requiring exact performance of a contract in the specific form in which it was made or according to the precise terms agreed upon. It is the actual accomplishment of a contract by a party bound to fulfil it. The doctrine of specific performance is that where monetary damages would be an inadequate compensation for the breach of an agreement, the contractor or vendor will be compelled to perform specifically what he has agreed to do. He can, for example, be ordered to execute a specific conveyance of land. Per Fabiyi JSC
CASES CITED
Beatty v. Gygenheim Exploration Co. 122 N. E 378, 380 (N.Y 1919)Kotoye v. SarakiUghutevbe v. Shonowo (2004) 16 NWLR (Pt. 899) 300; (2004) WRN (vol. 32) 27. Lysaght v. EdwardsMogaji v. OdofinBello v. Emeka (1981) 1 SC 101, Aromire v. Awoyemi (1972) 1 All NLR (Pt. 1) 101; Owoade v. Omitola (1988) 2 NWLR (Pt. 77) 413 Adisa v. Ladokun (1973) 1 All NLR (Pt. 2) 18.Anaeze v. Anyaso (1993) 5 NWLR (Pt. 291) 1, Fajemirokun v. C. B. Nigeria Ltd. (2009) 5 NWLR (Pt. 1135) 588 at page 599.
STATUTES REFERRED TO
None.