Judgment
MOHAMMED MUSTAPHA, J.C.A. (Delivering the Leading Judgment): This appeal is against the decision of the High Court of the Federal Capital Territory, Abuja, presided by Hon Justice A. S. Umar delivered on the 27th of September, 2017. The Respondent instituted an action by a writ of summons dated and filed on the 4th of June, 2013 claiming the following reliefs against the Appellant: 1.2.
A Declaration that the Defendant fraudulently deceived and misled the Plaintiff into believing that the defendant paid for and owned the House known as Block 17A (Old 605A) Bamako Street Wuse Zone 1 Abuja FCT, sold by the Federal Government during the sale of government houses by the Federal Capital Territory Administration which he fraudulently sold to the Plaintiff at N11,000,000.00 (Eleven Million Naira) and collected full value. 1.3.
A Declaration that the defendant fraudulently converted the money of the plaintiff in the sum of N11,000,000.00 (Eleven Million Naira) only into his personal use and fraudulently instituted suit No: FCT/HC/CV/103/2007 with his wife as plaintiff and him as Defendant. 1.4 An Order directing the Plaintiff to take possession and use for her own benefit the three bedroom flat Bungalow, otherwise known as and called Block 39, 53 Road FHA Supreme Court Quarters, Phase IV Kubwa, Abuja FCT being a House bought at the rate of 4,300,00.00 (Four Million Three Hundred Thousand Naira) only with part of the money fraudulently converted from the plaintiff by the defendant, 1.5.
An Order Directing the Defendant to pay the balance of N6,700,000.00 (Six Million Seven Hundred Thousand Naira) only being the remaining balance of the money converted from the Plaintiff by the Defendant with 20% interest on the money from 17/8/2007 till judgment is delivered and 15% interest till judgment sum is liquidated. 1.6. In the Alternative to relief 3 and 4 1.7. An Order directing the defendant to pay the plaintiff the sum of N45,000,000.00 (Forty Five Million Naira) only being the current worth of the property (Block 17A (Old 605A) Bamako Street Wuse Zone 1, Abuja.) 1.8.
An Order directing the Defendant to pay the sum of N3,000,000.00 (Three Million Naira) only to the Plaintiff as general damages for breach of contract and for the severe embarrassment suffered by the plaintiff as a result of the action of the defendant. 1.9. An Order Directing the defendant to pay the sum of N3,525,000.00 (Three Million Five Hindered and Twenty Five Thousand Naira) only to the Plaintiff being the amount expended by the Plaintiff in engaging lawyer to prosecute her case for her. 1.10.
