Judgment
TIJJANI ABUBAKAR, J.S.C. (Delivering the Leading Judgment): This appeal is against the judgment of the Court of Appeal Port Harcourt Division delivered on the 24th day of November, 2010. The Court of appeal gave judgment in favour of the 2nd Respondent but held that the Appellant be paid the sum of N250,000 by the 1st Respondent as compensation for the purchase price paid by the Appellant.
At the trial Court, the Appellant got judgment, the trial Court held that there was valid sale between the Appellant and the 1st Respondent, it therefore ordered for specific performance. 2nd Respondent’s counter-claim was dismissed.
At the trial Court, by the second amended statement of claim of 16th November, 1994, the Appellant claimed as follows: a) A declaration that the purported sale of the property No. 38 Elechi Street, Mile 3, Diobu, Port Harcourt to the 2nd Defendant, Mrs. Grace Anum.
After the executed sales agreement with the claimant registered as No.50 at page 50 in volume 140 in the Lands Registry Part Harcourt is irregular, null and void. b) An order of specific performance by the Housing and Property Development Authority of Clause 2(v) of the Sales Agreement dated 23rd August, 1988, the claimant having paid the balance of the purchase (money) or ALTERNATIVELY The sum of N1 million as special and general damages as follows: a) Deposit N36,800.00 b) Interest at 5% per annum until judgment. GENERAL DAMAGES: N936,200.00
After service of the writ of summons, the defendants now Respondents in this appeal filed their separate statements of defence, the 2nd Respondent filed a counter-claim as follows at page 70 of the records of appeal: 1. A declaration that the 2nd defendant is the lawful owner and as such entitled to the statutory right of occupancy in and over the parcel of land with building situate at No. 38 Elechi Street mile 3 Diobu Port Harcourt. 2. The sum of N200,000.00 being and representing general damages for the trespass committed on the property before and during the pendency of this suit. 3.
Perpetual injunctions restraining the plaintiff, his agents, privies, assigns or anybody purporting to claim through or in trust for him from tempering with or otherwise disturbing the peaceable ownership and possession of the property in disputeby the 2nd defendant/counter-claimant.
