Judgment
ITA GEORGE MBABA, J.C.A. (Delivering the Leading Judgment) : Appellant filed this appeal against the judgment of the Kano State High Court in Suit No. K/456/2016, delivered on 5th October, 2018 by Hon. Justice A. R. D. Muhammad, whereof the learned trial Judge entered judgment for the plaintiff (now Respondent). At the trial Court, the Respondent (as plaintiff) had sought the following reliefs: (a) A declaration that the Defendant is only entitled to the sum of N1,090,000.00 being the consideration for the sale and purchase of the property at Unguwa Uku Tarauni Local Govt.
Area, less the sum of N60,000.00 that has been collected by the Defendant, through agent. (b) To pay the sum of N150,000.00, being the plaintiff’s solicitor professional fees, for prosecuting this action or. (c) Alternatively, to pay the sum of N500,000.00 as general damages for breach of contract; (d) Cost of action.
The Defendant (Appellant herein) filed a defence and staked some claims (without stating that he was counter-claiming), as follows: (a) A declaration that there was no valid contract between the plaintiff and the Defendant. (b) The entire action be dismissed as it is frivolous, mischievous and gold-digging exercise. (c) To pay the Defendant the sum of N500,000.00 as general damages for depression and trauma, caused to the Defendant as a result of this suit. (d) To pay the sum of N160,000, being the solicitors fee for prosecuting the suit.
After hearing the case and considering the evidence and addresses of Counsel, the trial Judge gave judgment to the plaintiff (Respondent) saying: “It is clear from the evidence of PW1, PW2 and that of the defendant, the defendant unilaterally revoked the contract, after it was completed. The effect of this unilateral revocation of the contract by the defendant in law amounted to a breach of contract.
This type of contract in which the remedy of specific performance is most granted by the Court, a mere award of damages in such a case will defeat the just and reasonable expectation of the parties or at least the plaintiff in this case… In this instant case, the breach of contract by the defendant cannot be remedied by damages, because the amount of damages prayed for by the plaintiff is half the contract price of the plot of land sold by the defendant. In this case, it will be more equitable to order for specific performance than order for damages.
