DR. I.O.C. ABARA V. NWAEZE IGBO (Alias PRINCE OKWOR)

CORAM

PARTIES

DR. I.O.C. ABARA  APPELLANTS

NWAEZE IGBO (Alias PRINCE OKWOR) RESPONDENTS

AREA(S) OF LAW

SUMMARY OF FACTS

The Plaintiff/Appellant instituted an action at the High Court of Ebonyi State holden at Abakaliki wherein he sought a declaration that the Defendant/Respondent had by the transaction which related to a land dispute passed the equitable interest to the Plaintiff, an order of specific performance directing the Defendant to procure the survey plan of the land in dispute and to complete and hand over all vital documents relating to the land, and the sum of N10 million naira as damages for breach of contract among others. The Defendant/Respondent by an amended statement of defence, counterclaimed for the sum of N50, 000.00 (Fifty Thousand Naira) being general damages for breach of contract, an order that the Plaintiff’s claim be dismissed on account of fraud and an order setting aside the purported undated agreements signed in Barrister K.B. Okpaleke’s house which agreement was collected by the Plaintiff and was not deliver to the Defendant. At the conclusion of the trial, the court dismissed the Plaintiff’s/Appellant’s case on the ground that he failed to prove his case. Dissatisfied with the trial courts’ judgement, the Appellant has appealed to the Court of Appeal.

HELD

Appeal Allowed

ISSUES

1. Whether or not the learned trial Ag. Chief Judge was right when he held that there was no valid contract entered into between the plaintiff/Appellant and the defendant/respondent by reason of which he dismissed the suit.?

2. Whether or not the judgment was against the weight of evident.

RATIONES DECIDENDI

CASES CITED

STATUTES REFERRED TO

Evidence Act 2011

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