MR. LAWRENCE AGAMEVUFU v. PRINCE UGOCHUKWU NKUME & ORS
(2019)LCN/13307(CA)
In The Court of Appeal of Nigeria
On Monday, the 20th day of May, 2019
CA/OW/51/2011
JUSTICES:
RAPHAEL CHIKWE AGBO Justice of The Court of Appeal of Nigeria
AYOBODE OLUJIMI LOKULO-SODIPE Justice of The Court of Appeal of Nigeria
IBRAHIM ALI ANDENYANGTSO Justice of The Court of Appeal of Nigeria
Between
MR. LAWRENCE AGAMEVUFU – Appellant(s)
AND
PRINCE UGOCHUKWU NKUME & ORS – Respondent(s)
RATIO
WHETHER OR NOT THE APPEAL COURT CAN ADJUDICATE ON A MATTER WHERE THE JUDGEMENT OF A TRIAL COURT IS EXHUASTIVE
The judgment of the trial Court was exhaustive. It found the suit baseless and dismissed it in its entirety. There is no merit in this appeal. It is hereby dismissed. PER AGBO, J.C.A.
RAPHAEL CHIKWE AGBO, J.C.A.(Delivering the Leading Judgment): The basic foundation of this appeal is that the trial Court did not consider all the issues raised by the appellant before determining the suit. The appellant however concedes that his two prayers for declaratory orders were rightly dismissed by the trial Court. He argues however that even though the appellant did not have title to transfer, he had an equity of redemption which is covered by his 4th prayer in the amended statement of claim. The totality of his claim is however founded on the legality of his purported purchase of the property in dispute and the legitimate transfer of unencumbered title to him. His claim was never founded on any equity of redemption. His 4th prayer was a consequential order contingent on an act that was yet to happen. The judgment of the trial Court was exhaustive. It found the suit baseless and dismissed it in its entirety. There is no merit in this appeal. It is hereby dismissed. Cost to the 6th Respondent assessed at N30,000.00.
The cross appellants have challenged the judgment of the trial Court on the same basis as the appellant i.e.,
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that the trial court did not attend to all the issues that arose from the brief of the suit by the trial Court. They have however in their prayers asked this Court to uphold the judgment of the trial court. That prayer is at cross purposes with their grounds of appeal. The cross-appeal is hereby dismissed.
AYOBODE OLUJIMI LOKULO-SODIPE, J.C.A.: I agree
IBRAHIM ALI ANDENYANGTSO, J.C.A.: I agree
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Appearances:
Cynthia Umetiti For Appellant(s)
For Respondent(s)
Appearances
Cynthia Umetiti For Appellant
AND
For Respondent
