A Nigerian-American engineer, Anthony Ugbebor, has approached the Court of Appeal, Lagos Division, seeking to overturn a Lagos High Court ruling that extinguished his sale agreement for two luxury apartments.
Ugbebor is urging the appellate court to set aside the June 15, 2026 judgment delivered by Justice Akingbola George of the Lagos State High Court, Osborne, Ikoyi, and grant his counterclaim for specific performance of the original contract.
The dispute stems from Suit No. LD/4471LM/2023 filed by property developer Olukayode Olusanya and Oak Homes Multinational Services Limited against Ugbebor and the Economic and Financial Crimes Commission over alleged trespass on two three-bedroom apartments on the second floor of No. 14A Musa Yar’Adua Street, Victoria Island, Lagos.
The trial court dismissed most of the developers’ claims but ruled that the parties’ conduct had created a novation, thereby extinguishing the original sale agreement.
It ordered the developer to refund the N152 million paid by Ugbebor and dismissed his counterclaim seeking completion and delivery of the apartments or, alternatively, damages.
Dissatisfied with the judgment, Ugbebor, through his counsel Nasir Salau and Ibrahim Mahmud, filed a Notice of Appeal arguing that the lower court misapplied principles of contract law, ignored material evidence, and wrongly refused specific performance.
In his grounds of appeal, Ugbebor contended that the payment structure was tied to construction milestones with 35 per cent due upon roofing and the balance upon completion rather than fixed dates.
He claimed to have paid about 80 per cent of the N190 million purchase price (equivalent to $400,000) despite the developer’s failure to meet agreed milestones.
He faulted the trial court for shifting the burden of proof onto him and for relying on the doctrine of novation without clear evidence of a new agreement by all parties to extinguish the original contract.
Citing Supreme Court authority, he argued that novation cannot be inferred merely from conduct.
Ugbebor further submitted that contracts for land are typically enforceable by specific performance because monetary damages are often inadequate.
He maintained that he remained ready and willing to fulfil his obligations under the agreement.
The appellant also criticised the lower court for failing to make findings on the issue of frustration of contract, which both parties had pleaded and addressed.
Ugbebor is praying the Court of Appeal to restore the validity of the original sale agreement and compel Oak Homes Multinational Services Limited to complete and deliver the two apartments.
Click to signup for FREE news updates, latest information and hottest gists everyday
Advertise on NigerianEye.com to reach thousands of our daily users
No comments
Post a Comment
Kindly drop a comment below.
(Comments are moderated. Clean comments will be approved immediately)
Advert Enquires - Reach out to us at NigerianEye@gmail.com